
Joel R. Glucksman
Partner
201-896-7095 jglucksman@sh-law.comFirm Insights
Author: Joel R. Glucksman
Date: May 19, 2015

Partner
201-896-7095 jglucksman@sh-law.comThe trustee assigned to RadioShack’s bankruptcy recently implored a federal court to protect customer privacy by ensuring that the electronics retailer cannot sell its customer data amid its plans to wind down and keep certain stores operational.
Andrew Vara, the acting trustee, is certainly not alone in his objections, as the Attorneys General of several states have questioned whether RadioShack even has the right to sell the aforementioned information without violating its own privacy policies.
Texas Attorney General Ken Paxton has repeatedly spoken out against the electronics retailer selling this data, originally filing an objection to this sale in March, according to Law360. When filing this objection, he argued that allowing the company to sell this wealth of information – which includes data on close to 40 percent of the U.S. population – would violate the consumer protection laws of several states and breach RadioShack’s privacy policies.
On April 16, Paxton once again implored the federal judge handling the case to deny the company’s request to sell its consumer data, reiterating that Texas – along with 35 other states – has warned that allowing such a transaction would breach costumer privacy rights, Law360 reported. In addition, he stated that the electronics retailer has failed to shed light on exactly which personal information would be included in the sale.
Because RadioShack has not specified key matters, including the number of consumers whose data would be involved in the sale, Vara said that court-appointed privacy ombudsman Elise Frejka has been unable to perform her duties, and the federal court has not been able to consider alternatives that help reduce consumer privacy losses if the sale does indeed finalize, according to Law360.
While any such transaction could involve selling the information of as many as 117 million customers, RadioShack previously estimated only 67 million of these files have any value, the media outlet reported. Paxton has sought additional clarity, requesting April 16 that the court order RadioShack to specify the exact information it wants to sell, how many customers such a move would affect and whether the data came from in-store or online purchases.
In addition, Paxton’s office has argued that RadioShack should not be allowed to link its consumer data to other assets it wants to sell, stating that doing so would make the value of the information ambiguous, according to the news source.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Small businesses considering buying commercial property in New Jersey must evaluate a range of legal, financial, and operational factors. While ownership can offer long-term value and control, it also introduces significant risks if not properly structured. This guide outlines key considerations to help New Jersey business owners make informed decisions, minimize legal exposure, and successfully […]
Author: Robert L. Baker, Jr.

On January 28, 2026, staff of the U.S. Securities and Exchange Commission’s Divisions of Corporation Finance, Investment Management, and Trading and Markets issued a joint statement clarifying how existing federal securities laws apply to tokenized securities. The SEC’s “Statement on Tokenized Securities” does not establish new law, but it does provide greater clarity on the […]
Author: Dan Brecher

Operating a business in the New Jersey and New York City metropolitan region offers incredible opportunities, but it also requires navigating a dense and highly regulated legal environment. From entity formation to regulatory compliance, seemingly minor legal oversights can expose business owners to significant risk. In our work with businesses throughout the region, our attorneys […]
Author: Dan Brecher

High-profile founder litigation is more than just a media spectacle. For startup founders, these cases underscore the legal and structural risks that can arise when rapid growth outpaces formal oversight. While launching a new company can be both an exciting and deeply rewarding endeavor, founders must be mindful that it also comes with significant risks. […]
Author: Dan Brecher

Every New Jersey company should periodically evaluate its governance framework. Strong corporate governance protects directors and officers, builds investor confidence, reduces litigation exposure, and positions a company for sustainable growth. The first quarter of the year is a great time to evaluate your corporate governance practices and perform any routine maintenance needed to keep that […]
Author: Ken Hollenbeck

Being served with a lawsuit is one of the most stressful legal events a business or individual can face. Whether the claim involves a contract dispute, an employment matter, an intellectual property issue, or another legal challenge, the actions you take in the first few days can significantly shape the outcome of your case. Acting […]
Author: Robert E. Levy
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!