Out-of-court restructurings and solvent companies
For companies outside bankruptcy
This page is for solvent companies and for companies in out-of-court restructurings.
Outside bankruptcy, the company's board or management approves the engagement and any sale, under the company's contracts, privacy policies and applicable law.
Who decides
Any sale is limited by the company's privacy policies, its customer contracts and applicable law. We identify data that the company's privacy policies, customer contracts or applicable law may restrict, so that it can be excluded or protected.
We work alongside the company's existing advisors and counsel and do not displace them. The company's counsel should evaluate residual risk in each case.
How it works
- Step 1
Confidential data assessment
We review, under a non-disclosure agreement, a high-level description of the company's systems, data types, volumes, and retention history. We identify likely buyer interest, obvious exclusions, and threshold issues: the company's privacy policies, customer contracts, employee data, privileged material, and third-party confidentiality restrictions. The output is a short written assessment for the company and its counsel.
- Step 2
Inventory and classification
We inventory the records by system, data type and sensitivity. The data itself never comes to White Knight Data.
- Step 3
Privacy, privilege, and third-party screening
We identify categories that should be excluded or protected: structured consumer databases, employee personnel and medical records, privileged communications, data owned by vendors, and material subject to confidentiality agreements or statutory protection. Remaining data is then handed to an independent de-identification agent, selected with the company, who applies a written standard.
- Step 4
Marketing
Vetted AI developers and data companies execute NDAs and receive a written description of the data and, where the company agrees, de-identified samples.
- Step 5
Approval and closing
The company's board or management approves any sale. An independent de-identification agent then processes the data and certifies the result, and the data is delivered to the buyer under the terms the company approves.
- Step 6
Deletion and close-out
We do not hold copies of the data. It moves directly from the company to the independent de-identification firm, which destroys its working copies under its agreement with the company. We confirm the chain of custody to the company in writing and keep the audit trail.
Privacy and security
US data centers (AWS/Supabase us-east-1)
Intake submissions and data room documents, such as the inventory and certificates, are stored in US data centers (AWS/Supabase us-east-1). Connections are encrypted in transit and may pass through a network location near the visitor.
Encryption
What we host is encrypted in transit (TLS) and at rest by our US hosting providers.
Access control
Data room access is by invitation only, requires two-step verification, and is granted by role, matter by matter.
Company approval
In the data room, a company's matter has no court, case number or chapter. The company approves its own list of source systems through a Company Approver.
De-identification
In each engagement, de-identification is performed by an independent agent, selected with the company, under a written standard. No full dataset leaves the company's control before certified de-identification.
Audit trail
Every upload, verification, membership change and exclusion is written to a tamper-evident, hash-chained log.
Request a confidential data assessment
A confidential assessment takes little of your time and creates no obligation.
The request form is the same one used for bankruptcy matters. Where it asks for a case name, enter the company's name; for "Court", choose "Other or out of court"; for "Chapter", choose "Other".
Request a confidential data assessment
Or write to bryant.oberg@whiteknightrestructuring.com
This page describes general practice and is not legal advice.