Home BlogVirtual data rooms for bankruptcy and restructuring: Benefits and case studies
09 Dec 2024

Virtual data rooms for bankruptcy and restructuring: Benefits and case studies

Gilbert Waters 19 min read
data rooms for bankruptcy and restructuring

The U.S. corporate bankruptcies have hit the highest levels since 2016, highlighting financial turmoil and market challenges across industries. One of the core strategies to avoid bankruptcy is initiating business restructuring. However, restructuring itself is a highly complex and stressful process that often requires efficient collaboration tools.

Among these, virtual data rooms (VDRs) stand out for making bankruptcy and restructuring activities more efficient, cost-effective, and secure. This article explores the benefits of using VDRs for these processes. So keep reading to learn the following:

  • Two powerful VDR capabilities for restructuring management
  • Three ways VDRs accelerate restructuring processes
  • Six benefits of virtual data rooms for bankruptcy and restructuring

What is a VDR in bankruptcy?

VDRs are bankruptcy and restructuring solutions where businesses manage critical data and collaborate securely. VDRs offer powerful capabilities to streamline bankruptcy processes, where time efficiency and cost control are critical.

Efficiency

A virtual data room offers centralized, 24/7 secure access to restructuring data, allowing stakeholders to collaborate efficiently on bankruptcy filings, restructuring plans, disclosure statements, and other legal documents.

Unlike physical data rooms, online data rooms do not place restrictions on time, location, or capacity, enabling users to make informed decisions anywhere, anytime. This capability helps companies simplify document management, meet tight deadlines, and develop actionable restructuring plans.

Security

Restructuring creates a lot of “data debris,” increasing data breach risks, which can be devastatingly expensive — averaging $4.88 million per incident.

“Restructuring often exposes caches of data, so while they are fresh in everyone’s mind, now is the time to plan for defensible disposition.” Redgrave LLP law firm.

Using a virtual data room for restructuring enables you to secure sensitive data and effortlessly remove data debris. Thus, VDRs enable secure document storage for bankruptcy cases — all data is encrypted at rest and in transit. Also, you can automatically detect and remove sensitive information from selected documents and withdraw access to shared and downloaded materials.

How does a virtual data room accelerate restructuring?

Let’s explore how companies can boost efficiency with VDRs, solve the main restructuring challenges, and accelerate the process.

Eliminate process delays

Without a structured process and clear workflows, bankruptcy filing and restructuring can extend beyond 12 months, slowed by process delays, organizational chaos, and pressure from stakeholders, shareholders, and media (more so in publicly traded companies).

Such inefficiencies often aggravate when a company attempts to overcome challenges during the due diligence process and establish new communication channels before restructuring.

✔️ Solution: Data rooms substantially accelerate due diligence and restructuring processes. A VDR ensures a role-based communication flow between management teams, creditors, stakeholders, and shareholders. It serves as a central collaboration hub, streamlining input from stakeholders and improving the efficiency of communications.

Remove document management inefficiencies

Business reorganizations typically involve extensive document reviews, inventory audits, and financial forecasts. In the wake of uncertainty, managers feel overwhelmed with the amount of documents to be scanned, digitalized, reviewed, redacted, or standardized. That can be an administrative nightmare.

“The CSC’s restructuring experts found that management teams often have a difficult time transitioning from “normal company operations” to those needed in a bankruptcy proceeding,” said Michelle Dreyer, Jordina Walker, and Giles Abbott at CSC.

✔️ Solution: VDRs offer automatic document indexing, bulk document actions, automatic file conversions, and optical character search, speeding up bankruptcy processes. Users can upload entire folder structures and instantly convert 25+ file formats into standardized PDFs.

Improve collaboration

The most successful restructuring plans are typically developed with clear collaborative strategies and significant time for preparation. This process often requires the coordination of hundreds of stakeholders, alongside creditors and legal professionals, which is challenging. 

“Trying to align debtor and creditor expectations with an eye towards compromise against significantly accelerated timelines requires tenacity and focus,” said Rusty Wiley, CEO at Datasite.

✔️ Solution: VDR collaboration features like Q&A workflows, FAQs, discussion boards, and instant notifications facilitate real-time collaboration between debtors, creditors, internal teams, and financial advisors. Moreover, with application programming interfaces of some data rooms, companies can enhance collaboration tools already in use, such as when integrating secure access capabilities into traditional workspaces.

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Six benefits of virtual data rooms in restructuring

Let’s explore the key benefits of using virtual data rooms for bankruptcy and restructuring management:

  1. Robust document security
  2. Efficient collaboration features
  3. Automated document management
  4. Unparalleled accountability
  5. Efficient data security compliance
  6. Data management cost savings

Robust document security

Virtual data rooms ensure secure document management for bankruptcy processes. Companies that use virtual data rooms enjoy robust protection against business email compromise (BEC), phishing, and credentials theft — the most expensive and frequent attack vectors, according to IBM’s 2024 Cost of a Data Breach Report.

However, there is more security value to using VDRs than reducing the most popular attack vectors. Let’s explore more details into how VDR features optimize document security and minimize data breach risks.

Data security featureValueProtection against an attack vector
AES 256-bit data encryptionEnsures that data at rest and in transit is encrypted, making it impossible for unauthorized parties to access informationData interceptionDistributed denial-of-service attack (DDoS)
Two-factor authenticationRequires users to provide an additional form of verification before accessing the data roomCredentials theftPhishingSocial engineeringBEC
Granular user access permissionsRestricts access to files and folders based on user rolesMalicious insiderCloud misconfigurationUnauthorized file sharing
IRM (information rights management) securityRetains access restrictions when files and folders are saved locally on user devicesAccidental data lossSolen deviceMalicious insider
Network restrictionsLimits access to virtual data room to whitelisted IP addresses and domainsCredentials theftSocial engineeringPhishingBEC
Secure document access permissionsRestricts viewing, downloading, editing, printing, and other actions on the document levelHuman errorMalicious insiderBECCredentials theftAccidental data lossStolen device
Dynamic watermarkingAutomatically adds watermarks with access logs to filesMalicious insider
Session timeoutsAutomatically logs users out after a period of inactivityUnauthorized access from unattended sessions
Single-sign-on (SSO)Allows users to log into the data room using a secure set of credentials generated by the SSO provider, reducing password fatigue and minimizing attack surfacesCredentials theftPhishingBEC

Efficient collaboration features

Virtual data rooms enable many features that streamline and clarify collaboration and give real-time access to critical info during restructuring.

Collaborative featureWhat you can doImpact on bankruptcy and restructuring
User groups and rolesDistribute stakeholders across user groups with well-defined roles and permissionsEnhances the clarity of processes and improves accountability
Automated Q&A workflowsAuto-forward questions from stakeholders to coordinators, subject matter experts, and approversImproves stakeholder communication. Helps to resolve queries quickly and control the information flow between internal stakeholders, creditors, advisors, and regulators
FAQ sectionsCreate a dedicated section for commonly asked questions and concernsMinimize repetitive queries, improve collaboration outcomes, and maintain a professional identity
Custom Terms of Use Prompt stakeholders to accept your company’s Terms of Use before accessing your VDR workspaceClarifies and emphasizes stakeholder responsibilities during restructuring
Notes and commentsCreate private, public, and group notes in files and foldersAllows for capturing insights, opinions, and ideas during collaboration
Cross-project user managementAdd, browse, search, and delete users across projectsAccelerates project onboarding and allows for managing many stakeholders at once
Corporate brandingCustomize the appearance of your VDR interface to reflect your brand identityReinforces your corporate identity and professional image

Automated document management

Virtual data rooms provide powerful capabilities to automate document management during restructuring. Let’s explore the value of VDR data management features below.

Data management featureWhat you can doImpact on bankruptcy and restructuring
Unlimited data storageStore and bulk-upload unlimited filesAllows for managing bankruptcy filings and restructuring materials without worrying about storage and file size limits and associated process disruptions
Automatic index numberingAutomatically update reference numbers of files and foldersRelieves managers from updating the data index manually and helps with referencing and locating files
Data index uploadUpload an entire project structure from a local device, FTP, or external storageDrastically simplifies data migration and new project setups
Automatic file conversionConvert over 25 file formats into scannable, searchable, and redactable PDFsEnsures accessibility and compatibility of data among various VDR users
Automatic file redactionAutomatically identify and bulk-redact sensitive information in documents before sharingRelieves the burden of cumbersome and time-consuming document preparations for data security and privacy compliance
Optical character recognition (OCR) searchSearch for content in scanned documents and imagesMakes it much easier to locate and retrieve data from scanned documents
Bulk workspace actionsBulk rename, delete, and copy files across projectsReduces administrative effort during document management

Unparalleled accountability

According to McKinsey, accountability improvement is among the top five reasons for organizational redesign, a key part of the restructuring process. Using virtual data rooms can substantially improve accountability in your organization, particularly during the restructuring process, when stakeholders are expected to produce the best results in the shortest time. Let’s explore how VDRs enhance accountability:

  • Full audit trail. VDRs log all actions performed inside the workspace (over 70 trackers), providing accurate record keeping and giving you a bird’s eye view of stakeholder performance and project progress.
  • User behavior tracking. Understand how VDR users (like creditors and regulators) review bankruptcy filings and restructuring plans. You can monitor page views, downloads, logins, etc.
  • Color-coded reports. Visualize user activity and project performance with color-coded heat maps, graphs, and charts. 
  • Scheduled reporting. Configure the frequency, scope, and format of auto-generated VDR reports. Maintain audit logs for disclosures, regulatory audits, and internal decision-making.
  • Custom reports. Some VDRs develop custom reporting functionality upon your request, tailored to your project’s specific needs.

Efficient data security compliance

The U.S. data privacy and protection laws will become more fragmented in 2025-2026. For instance, Delaware, Indiana, Lowa, Kentucky, Maryland, Minnesota, and Nebraska, will adopt new data privacy legislation in the next few years.

Strict data usage and complex disclosure requirements increase liability risks for companies undergoing restructuring, particularly when using data management tools during operational reorganizations. 

Leading virtual data rooms certified with ISO 27001, ISO 27017, ISO 27018, ISO 9001, CCPA, HIPAA, PCI DSS, and GDPR, provide a compliant environment for managing confidential documents during restructuring in various industries. They make it simpler for companies filing for bankruptcy to meet security control requirements under new privacy regulations.

Data management cost savings

Reorganizational activities can be costly, ranging from initial filing fees and legal counsel services to actual restructuring expenses. For instance, General Motors spent around $1.3 billion to restructure itself and unlock about $6 billion in cost savings. Given the significant financial investment, a company should act with maximum efficiency to reap the most benefits from its restructuring efforts.

In the traditional setting, however, cost-reduction efforts can be compromised by inefficient processes, such as manual data entry, fragmented systems, or even physical data rooms.

VDRs facilitate companies in eliminating physical data rooms and digitizing document management processes. This factor alone can substantially reduce restructuring costs associated with data management.

There is no need for physical document storage, printing, delivery expenses, travel and scheduling costs. Cost savings with VDRs can also be achieved with automated workflows and AI capabilities that minimize administrative burden and human error risks.

Case study: Panasonic

Panasonic, Japan’s multinational electronics company, used Intralinks data room in 2021-2022 to support legal restructuring efforts. Panasonic became a holding company and underwent a complex process of converting its departments into subsidiaries.

During the restructuring process, Panasonic needed to share voluminous video files with several parties involved, often overseas and across multiple factories. The original decision was to use DVDs. Upon further consideration, Panasonic adopted Intralinks virtual data room to share video files and distribute information across different parties securely and efficiently.

“This platform allows you to share a large volume of video data at a low cost, and we also liked how it allows you to set viewing restrictions,” said an anonymous Panasonic manager when describing the benefits of using Intralinks VDR.

Case study: EW Scripps Company

EW Scripps, a sizable American TV broadcaster, used iDeals virtual data room to execute the restructuring process and divest distressed assets. Scripps sold 34 radio stations, reduced operating expenses, and streamlined its workforce as part of its restructuring plan to achieve $30 million in annual cost savings

“The enterprise-wide restructuring positions us well for continued growth while maintaining high-quality journalism as our central focus,” said Adam Symson, Scripps President and CEO.

One of the key challenges for Scripps was controlling data access across stakeholders and bidders in asset sales. With iDeals virtual data room, Scripps secured confidential communications with multiple bidders and managed a comprehensive Q&A room for various stakeholders. Scripps teams also benefited from system-wide reports and deliverable VDR archives for record-keeping and regulatory compliance purposes.

“It’s really easy to track usage and archive the materials, we need to be able to keep an exact copy of each data room,” said Marc Loeffer, Senior Program Manager at Scripps, when managing restructuring archives.

Bottom line

  • Virtual data rooms ensure efficiency and security during corporate restructuring. VDRs help companies collaborate in centralized workspaces and secure controlled access to confidential information.
  • Virtual data rooms eliminate process delays, remove document management inefficiencies, improve collaboration, and reduce data management costs.
  • Key benefits of using VDRs are data security compliance, automated document management, detailed activity reporting, and role-based workflows.

Compare the top 15 virtual data room providers and choose the best data room to facilitate bankruptcy and restructuring at data-rooms.org.

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