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Tech Bankruptcy
November 14, 2006
  How Goes the CPO?
The Consumer Privacy Ombudsman (CPO) provisions of BAPCPA provide its sole clearly tech-oriented change to the Code. Changes to 101 and 363(b), and a new 332 require appointment of a CPO before the Court can approve a sale of "personally identifiable information" that is inconsistent with a privacy policy. Such privacy policies are typically found on web sites (although more and more they can be found in the off-line world.

CPOs have now been appointed in three cases. In the first, In re Engaging and Empowering Citizenship, Case No. 2-05-28175-CGC, filed in Pheonix, the UST appointed bankruptcy maven Don Gaffney of Snell & Wilmer as the CPO.

In October 2006, the first CPO was appointed in a Delaware mega-case. In the Tower Records case, a CPO was needed in connection with the debtor's sale of its on-line store. The UST for the 3rd Circuit interviewed several potential CPOs, selecting Dana Rosenfeld of Bryan Cave's Washington D.C. office for the job. Ms. Rosenfeld is an ex-FTC attorney with substantial experience in the privacy and consumer protection field.

Finally, just last week, Elise Berkower of Chapell & Associates, LLC was appointed as the CPO in the Refco Inc. case in the Southern District of New York. Chapell & Associates, LLC is a consulting firm which, among other things, assists companies in developing their privacy policies. Elise was kind enough to attach an article of mine as an exhibit to her report to the Court.
November 07, 2006
  Talking about Bankruptcy Blogs
Talking about bankruptcy blogs, several other blogs are now on-line that focus on bankruptcy issues.
November 01, 2006
  The Tech Bankruptcy Blog is Back
It has been a little over a year, but the Tech Bankruptcy blog is back, at www.techbankruptcy.com. I took a break in late 2005 for two reasons. First, Marc Barreca of Seattle's Preston Gates took over as chair of the ABA's E-commerce and Insolvency Subcommittee. Second, as a panel trustee, my practice was temporarily overwhelmed by the Tsunami of consumer filings BAPCPA caused.

All is calmer now. I've continued to write and speak on e-commerce and insolvency issues, maintaining the chapter on intellectual property for Norton's and updating my own book, Bankruptcy and Secured Lending in Cyberspace, now published by West. Now, I have a backlog of interesting technology issues and cases to post on, and plan on working through it with periodic additions to this blog.

But not today. Today, I am off to San Francisco for the NCBJ.
A blog discussing the impact of technology on bankruptcy law and practice.

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Warren E. Agin is a partner in Swiggart & Agin, LLC, a boutique law firm in Boston, Massachusetts focusing on the needs of technology companies. Mr. Agin heads its bankruptcy department. The author of the book Bankruptcy and Secured Lending in Cyberspace (3rd Ed. West 2005), Mr. Agin also chaired the ABA's E-commerce and Insolvency Subcommittee from 1999 to 2005, co-chaired the Boston Bar Association's Internet and Computer Law Committee (2003-2005), and served on the American Bar Association's Standing Committee on Technology and Information Services (2008-2011). Mr. Agin currently co-chairs the Editorial Board of Business Law Today. A contributing editor to Norton Bankruptcy Law and Practice, 3d, and co-author of its chapter on intellectual property for the past fifteen years, he is author of numerous legal articles and addresses on topics of technology, internet and bankruptcy law.

How Goes the CPO?
Talking about Bankruptcy Blogs
The Tech Bankruptcy Blog is Back
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