Why Likes And Retweets Are Worth Protecting In Bankruptcy

Law360, New York (June 21, 2017, 6:22 PM EDT) -- Should bankruptcy practitioners take notice of a business' user-generated content, exhibited by testimonials, reviews, likes, retweets, shares and other customer-driven communications, before and throughout bankruptcy proceedings? The short answer is yes. Because this asset impacts tangible and intangible value for the company, a bankruptcy attorney should understand, harness and exploit it during the restructuring process. In addition, user-generated content may provide a treasure trove of relevant evidence for anticipated litigation in bankruptcy court, requiring bankruptcy counsel to ensure it is adequately preserved and collected for use in contested proceedings.

What is "User-Generated Content"?

"User-generated content" in the commercial context typically involves...

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