IP License Agreements in Bankruptcy
|
|
- Brenda Eaton
- 6 years ago
- Views:
Transcription
1 IP License Agreements in Bankruptcy May 8, 2012 Presented by: Sean J. Grygiel
2 SUMMARY (1) Bankruptcy Terminology (2) IP Licenses in Bankruptcy (3) Dra=ing ConsideraLons 2
3 BANKRUPTCY TERMINOLOGY See Bankruptcy Code- Title 11 U.S.C. Intellectual Property DefiniMon in 11 U.S.C. 101(35A) of Bankruptcy Code 3
4 TERMINOLOGY INTELLECTUAL PROPERTY INCLUDES: (1) Trade Secrets (2) InvenMons Covered Under 35 U.S.C., Processes, Designs, Patents (3) Patent ApplicaMons (4) Copyrights (5) Plant VarieMes (6) Mask Works (Title 17, Chapter 9) 4
5 TERMINOLOGY BUT INTELLECTUAL PROPERTY DOESN T INCLUDE: (1) Trademarks / Trade Names (2) Service Marks (3) Overseas IP not within treames between U.S. and country of origin of work that provide reciprocal protecmon or are otherwise protected under 35 U.S.C. or 17 U.S.C. 5
6 TERMINOLOGY Why Aren t Trademarks Considered IP for Bankruptcy Purposes? Congress; Trademarks Depend to a large extent on control of quality and service, so decided to Allow the development of equitable treatment of this situamon by bankruptcy courts. (Sen. Report , 100 th Congress, 2d Sess. (1988)) In some circumstances (where protecmon similar to patent and copyright law needed), trademark may be treated like other IP assets, e.g., prevent unauthorized use of TM; preserve value of business name and/or product. 6
7 TERMINOLOGY Executory Contract Surprising!! Not defined in Bankruptcy Code Widely adopted definimon by Prof. Vern Countryman (Harvard Law School), specialist in commercial law and debtors rights 7
8 TERMINOLOGY Executory Contract Countryman DefiniMon for an Executory Contract Contract under which obligamon of bankrupt and other party to contract are so far unperformed that failure of either to complete performance would consmtute a material breach excusing performance of the other (Countryman, Executory Contracts in Bankruptcy, Part I (7 Minn Law Review 439, 460 (1973)) *SomeMmes referred to as Material Breach Test 8
9 TERMINOLOGY Countryman Material Breach Test Test Used by Most Courts (Minority Approach) Functional Test - Contract executory if determination permits debtor to reject contract as burdensome or unenforceable. Decided based on impact on bankruptcy case See, In re La Electronica, Inc., 995 F.2d 320, 322 n.3 (1st Cir. 1993) See, In re Bradlees Stores, Inc., 2001 WL at *6 (S.D.N.Y. Sept. 20, 2001) 9
10 TERMINOLOGY Bankruptcy Proceedings - 2 major formats CHAPTER 7 - LiquidaLon (11 USC ) Most common form LiquidaMon Proceeding Debtor s non- exempt assets sold by Chapter 7 Trustee PROCEDURE Trustee takes control of non- exempt assets, sells them and pays creditors whatever proceeds sales permit 10
11 TERMINOLOGY CHAPTER 11 ReorganizaLon (11 USC ) ReorganizaMon proceeding Debtor usually remains in possession of its assets (DIP) DIP conmnues to operate business with oversight by Court and Creditors CommiOee DIP Fiduciary duty to maximize value for creditors of the Bankruptcy enmty Debtor proposed reorganizamon plan Confirmed by Court, if accepted by majority of creditors 11
12 TERMINOLOGY SecLon 365 of Bankruptcy Code Trustee s Authority to Assume, Assign or Reject (11 U.S.C. 365) Grants bankruptcy trustee (or debtor in possession) authority to assume, assign, or reject executory contracts to which debtor is a party. TEST: Is acmon in best interest of debtor? Trustee s Decision rejected only if manifestly unreasonable 12
13 IP LICENSES Are IP Licenses Executory Contracts? Q - A - Q - A - Do IP licenses fall under definition of executory contracts? Probably almost all do. Why? Unperformed obligations by both parties make IP license executory. (Countryman definition) 13
14 IP LICENSES Unperformed ObligaLons ObligaMon to pay royalmes usually not enough to cause contract to be declared executory (See Lubrizol Enters., Inc. v. Richmond Metal Finishers, 756 F.2d 1043, 1045 (4th Cir. 1945) General rule: Provisions that are more like condilons, than affirmalve dules or performance; sufficiently material to establish agreement as an executory contract 14
15 IP LICENSES Provisions Held to Establish Executory ObligaLons Licensor Covenant not to sue for infringement Duty to maintain IP Licensee Territorial restricmons ReporMng obligamons 15
16 IP LICENSES BOTTOM LINE Almost any obligamon, besides obligamon to pay, enough to establish IP license as executory contract under bankruptcy law test. See, In re Access Beyond Techs., Inc., 237 B.R. 32, 43 D. Del. 1999); Everex Sys., Inc. v. Cadtrak Corp., 89 F.3d 673 (9th Cir. 1996) See also, In re Gencor Indus. Inc., 298 B.R. 902, 907 (Bankr. M.D. Fla 2003) Holding that most favored namons and patent defense were condimons of payment, not conmnuing material obligamons 16
17 IP LICENSES While 365(a) gives trustee or debtor in possession authority to (1) assume or (2) reject executory contracts. Trustee must assume or reject enmre contract; no piecemeal assumpmons See, Stewart Title Guaranty Co. v. Old Rep. NaConal Title Insurance Company, 83 F.3d 735, 741 (5th Cir. 1996) 17
18 IP LICENSES Decision is maoer of debtor/trustees business judgment Orion Pictures Corp. v. ShowCme Networks, 4 F.3d 1095 (2d Cir. 1993) Factors in Decision (a) Benefit to bankrupt s estate (b) DiluMon to other creditors (c) Liability as administramve claim if assumed contract subsequently rejected 18
19 IP LICENSES Decision is maoer of debtor/trustees business judgment Orion Pictures Corp. v. ShowCme Networks, 4 F.3d 1095 (2d Cir. 1993) Factors in Decision (a) Benefit to bankrupt s estate (b) DiluMon to other creditors (c) Liability as administramve claim if assumed contract subsequently rejected 19
20 IP LICENSES Time Limit on Acceptance/RejecLon 365(d) sets Mme in which trustee/debtor must decide whether to accept/reject (1) In Chapter 7 proceeding - Within 60 days of bankruptcy pemmon (2) In Chapter 11 proceeding - Any Mme before confirmamon of reorganizamon plan 20
21 IP LICENSES Acceptance/RejecLon What happens if Chapter 11 debtor doesn t accept or reject license? Termed Ride Through No requirement in bankruptcy code that Chapter 11 debtor must assume or reject License is property of debtor a>er confirmamon 1st, 2nd, 3rd, 4th, 5th and 9th Circuits recognize Ride Through doctrine 21
22 Triggered by bankruptcy filing AUTOMATIC STAY 11 U.S.C. 362(a)(3) Protects bankruptcy estate from any act to obtain possession of property of the estate or of property from the estate or to exercise control over property of the estate Patents, TM s & Copyrights are property of the estate InjuncMon against conmnuance of any acmon, by any creditor against debtor (11 USC 362) 22
23 AUTOMATIC STAY ParMes can seek stay relief to terminate IP license for cause e.g. worried that debtor can t maintain quality control or cure defaults See Ford Motor Co. v. Claremont AcquisiCon Corp, Inc., 186 B.R. 977 (C.D. Calif 1995) Stay remains in effect unml (1) Judge li>s stay (2) Debtor gets discharge (3) Item is no longer property of the estate 23
24 AUTOMATIC STAY Replaced by permanent injuncmon when debtor receives discharge P.I. Prohibits creditors from all acmons that automamc stay prohibited While stay in effect, non- debtor can t unilaterally terminate IP license (11 U.S.C. 362(a)) AOempts to terminate - can be contempt of court 24
25 IP LICENSES - DEBTOR AS LICENSEE Tension Between Bankruptcy and IP Law 365(a) authorizes debtor to assume or reject any executory contract 365(d) authorizes debtor to assign executory contract, despite existence of provision in contract barring assignment Conflict between IP Law (concepts of monopoly and non- assignability) And Bankruptcy Law (based on maximizing value for all parles) 25
26 IP LICENSES AssumpLon by Debtor Licensee 365(b)(1) - condimons of assumpmon are (1) defaults must be cured and (2) assuming party must provide adequate assurance of future performance ( 365(b) (1)) Examples of Future Performance in IP Licenses: (1) Pay royalmes (2) Maintain quality (3) ConMnued sales 26
27 IPSO FACTO CLAUSES 365(e)(1) and 541(c) - clause that automamcally terminates contract upon insolvency, financial condimon, or filing of bankruptcy Unenforceable once bankruptcy case has been filed But could be important (if debtor rejects license) to determine if contract has been/can be terminated under contract law See, One South, Inc. v. Hollowell, 963 So. 2nd 1156 (Miss. 2007) 27
28 IP LICENSES LimitaLons on Assignment 365(c) - Trustee can t assume/assign executory contract if (a) Applicable Law excuses a party, other than debtor from accepmng/ rendering performance to enmty other than debtor, whether or not contract restricts assignment of rights, and (b) Party does not consent to such assumpmon or assignment Applicable Law = PAT, TM, Copyright laws: Can prevent DIP from assigning or assuming contract Extraordinary - read literally, affords patent licensor ability to decline honoring executed license with bankrupt licensee Well- established principle under Federal Common Law, unless otherwise provided by terms of agreement, non- exclusive license is personal and not freely assignable 28
29 IP LICENSES LimitaLons on Assignment (1) In most jurisdicmons, non- exclusive licenses generally not assignable over licensor s objecmon (unless permioed by License) See Everex Systems v. Cadtrak, 89F.3d 673 (9 th Cir. 1996)); (2) Exclusive licenses assignable over objecmon of Licensor See Leicester v. Warner Bros. Corp., 232 F. 3d 1212 (9 th Cir. 2000) What s the RaLonale Here?? Exclusive licensee acquires actual property rights and may freely transfer them and licensor can t transfer them to someone else 29
30 365(c) InterpretaLon Courts differ in how 365(c)(1) should be interpreted 365(c) (Condensed version) Trustee may not assume or assign executory contract, whether or not contract prohibits or restricts assignment of rights, if (1) applicable law excuses a party (other than debtor) to the contract from accepmng performance from or rendering performance to, an enmty other than the DIP or debtor, whether or not such contract or lease prohibits or restricts assignment of rights or delegamon of dumes, and (2) such party does not consent to such assumpmon or assignment. 30
31 365(c) Query? Does OR mean AND also? I.e., what happens when bankrupt party wants only to keep (assume) a licensee? Does 365(c) mean debtor can neither assign or assume? Or just that debtor can t assign? Can debtor hypothemcally assign the license even though it doesn t want to ( hypothemcal test ) or what is debtor actually proposing to do ( actual test )? 31
32 365(c) SUMMARY ProblemaLc Split Among Courts Most courts agree 365(c)(1) bars assignment of executory contracts absent non- debtor s consent, if applicable law ( 365(c) requires such consent Otherwise, non- debtor must accept performance from a new party Courts split on whether language of 365(c) prohibits DIP (Trustee) (1) from assuming executory contracts or (2) only from assigning them Circuits don t agree: Apply different tests 32
33 Tests for Determining Applicability of 365(c) Circuits don t agree: Apply different tests 1) Actual Test - 1st Circuit (favors licensee) If DIP has no intent to assign executory contract to 3rd party, contract can be assumed if DIP meets requirements of 365 (Defaults cured and can provide assurance of future performance) See InsCtut Pasteur v. Cambridge Biotech, 104 F.3d 489 (1 st Cir 1997) 33
34 Tests for Determining Applicability of 365(c) 2) HypotheLcal Test - 3rd, 4th, 9th and 11th Circuits (favors licensor) Precludes assumpmon, or assumpmon + assignment, of IP license without consent of licensor, if license not assignable under non-bankruptcy law without consent of licensor See, In re West Electronics, 852 F.2d 79 (3rd Cir. 1988); In re Catapult Entertainment Inc., 165 F3d 747 (9 th Cir. 1999); N.C.P. MarkeCng Group v. BG Star Products, 279 Fed. Appx 561 (9 th Cir. 2008), Cert denied 129 S. CT 1577 (2009) * Rights of licensee can be taken away * PotenMal windfall to licensee 34
35 Tests for Determining Applicability of 365(c) 3) Footstar Test (New approach to 365(c) dilemma) Term Trustee in 365(c) should not include debtor- in- possession ProhibiMon against assignment + assumpmon under 365(c) is limited to condimons where Trustee, not debtor in possession, wants to assume executory contract See, In re Footstar Inc., 323 B.R. 566, 573 (Bankruptcy S.D.N.Y. 2005) 35
36 Tests for Determining Applicability of 365(c) Footstar Test (SomeMmes The New York Test") SoluMon for courts seeking to avoid negamve consequences of debtor/licensee that enters bankruptcy, but wants to assume, not assign its IP licenses 36
37 FOOTSTAR Footstar not involve IP license Adopted literal reading of 365(c)(1) Meant to be harmonious with objecmve of 365(c) and overall objecmve of bankruptcy code No construcmon of what or means Use of word Trustee not include debtor or DIP 37
38 FOOTSTAR Accordingly right of non- debtor party to object to assignment doesn t affect right of DIP or debtor (as contrasted with right of trustee) to assume an executory contract Followed by SDNY in Adelphia CommunicaMons (Adelphia 2007 WL at *3 N. 13) 38
39 FOOTSTAR Adelphia Court Footstar consistent in outcome with the decisions of courts following the actual test Notable because many large bankruptcy filings made in SDNY, e.g., Delphi, Enron, Worldcom, Delta Airlines 39
40 See, In re Footstar, 323 B.R. 566, (Bankr. S.D.N.Y. 2005) Judge Adlai Hardin Great majority of lower courts have taken the view that courts should apply an actual test to permit assumpmon where debtor in possession does not intend to assign the contract. 40
41 TYPICAL SITUATION ADDRESSED BY FOOTSTAR (1) Debtor is patent licensee (2) License signed before bankruptcy filing (3) Licensor moves to force DIP to reject license agreement or to li> automamc stay so licensor can cancel agreement (4) Licensor argues DIP can t assign license & under hypothemcal test, can t assume agreement (5) Licensor argues DIP should be forced to reject license 41
42 Recent decision in Aerobox Composite Structures, LLC bankruptcy filing 373 B.R. 135, 138, (Bankr. M.D. NM) Found Footstar was proper interpretamon of 365- n Denied licensor s momon DIP not barred by 365(c)(1) from assuming pre- pemmon license 42
43 BOTTOM LINE OF 365(c) Venue may decide outcome SDNY follows Footstar 1st Circuit follows actual test 3 rd, 4 th, 9 th, & 11 th Circuits follow hypothemcal test 6 th, 7 th, & 10 th Circuits unseoled on which test to follow 43
44 365(n) DEBTOR AS LICENSOR 1988 Intellectual Property Licenses in Bankruptcy Act (IPLBA) Pub. Law (n) rights of IP licensee when trustee rejects executory contract where debtor is licensor If executory contract is rejected, licensee can (1) treat contract as terminated by reason of rejecmon seek damages for breach or terminamon, or (2) retain its rights under license, including exclusivity, for duramon of agreement Doesn t protect exclusive licensee against failure to record and applicable non- bankruptcy law requires license recordamon Doesn t apply to trademarks: TM licensees must rely on interpretamon of 365(c)(1) 44
45 365(n) DEBTOR AS LICENSOR Only deals with (1) rejecmon by licensor, not by licensee, and (2) whether license may be (i) assumed or (ii) assumed and assigned by bankruptcy trustee 45
46 365(n) DEBTOR AS LICENSOR Protects rights to embodiments of IP to which licensee enmtled under applicable underlying contracts (see S. Rep. No at 9 (1988) Licensee has no rights in IP developed a>er bankruptcy filing even when rejected license agreement gave rights to use improvements (Szombathy v. Controlled Shredders Inc. No. 97 c 481, 1997 WL (N.D. IL 1997) 46
47 365- n TIMING OF ELECTION When does licensee exercise its right of elecmon under 365- n? 365(n)(1)(b) allows licensee to elect to retain its rights Right arises only on rejecmon of license by bankrupt and not before See, Dynamic Changes Hypnosis Center, Inc. v. PCH Holding LLC, 306 B.R. 800, 809 (E.D. VA 2004) 47
48 SOME THOUGHTS ON LICENSE DRAFTING What circuit laws may be applicable on bankruptcy of other party to agreement Ipso Facto Clauses unenforceable but could be valuable to permit terminamon a>er rejecmon of contract Right to terminate for conduct likely to occur before bankruptcy; poor financial results, performance delays Change of control gives right to terminate (avoid Ipso Facto problems 48
49 SOME THOUGHTS ON LICENSE DRAFTING Try to structure license as non- executory Only obligamon is to pay royalty; Put other obligamons in separate executory agreement, e.g. patent maintenance 49
50 SOME THOUGHTS ON LICENSE DRAFTING If licensee retains rights, must conmnue to make royalty payments Define triggering event for deposimng source code; escrow over which DIP has no control; not property of estate 50
51 SOME THOUGHTS ON LICENSE DRAFTING Try to obtain security interest in underlying IP as security for performance of debtors obligamons (strengthen rights of non- debtor party) 51
52 Thank you! Sean J. Grygiel Principal Fish and Richardson PC New York Peter Ludwig Principal Fish and Richardson PC New York 52
IP in Bankruptcy: Addressing Licensor and Licensee Concerns
IP in Bankruptcy: Addressing Licensor and Licensee Concerns Presentation to the LES Aerospace & Transportation Committee Ian G. DiBernardo idibernardo@stroock.com IP in Bankruptcy Bankruptcy Code sections
More informationBankruptcy and Licensing
Bankruptcy and Licensing By Lori E. Lesser Simpson Thacher & Bartlett LLP llesser@stblaw.com (212) 455-3393 Practising Law Institute Ninth Annual Institute for Intellectual Property Law September 29, 2003
More informationAssumption Under Section 365(c)(1) Creates Uncertainty for Debtors. Heather Hili, J.D. Candidate 2013
2012 Volume IV No. 14 Assumption Under Section 365(c)(1) Creates Uncertainty for Debtors Heather Hili, J.D. Candidate 2013 Cite as: Assumption Under Section 365(c)(1) Creates Uncertainty for Debtors, 4
More informationSelected Intellectual Property Issues Arising in Bankruptcy Cases
Selected Intellectual Property Issues Arising in Bankruptcy Cases by Joel H. Levitin, Anna C. Palazzolo and Itai D. Tsur Presented at the Licensing Executives Society, Inc. 39 th Annual Meeting September
More informationAdam BOGER, Marc RICHARDS, Elise SELINGER, Jay WESTERMEIER
Question Q241 National Group: Title: Contributors: Reporter within Working Committee: United States of America IP licensing and insolvency Adam BOGER, Marc RICHARDS, Elise SELINGER, Jay WESTERMEIER Marc
More informationIn re Spansion: Licenses in Bankruptcy As A Shield To The Licensor Debtor, and Not A Sword To The Licensee.
In re Spansion: Licenses in Bankruptcy As A Shield To The Licensor Debtor, and Not A Sword To The Licensee. I. Introduction Donika P. Pentcheva 1 and Roy P. Issac, Ph.D. 2 The worldwide licensing of technology
More informationIntellectual Property and Trademarks in Bankruptcy
Intellectual Property and Trademarks in Bankruptcy CONCURRENT SESSION James M. Wilton, Moderator Ropes & Gray LLP; Boston Hon. Michael A. Fagone U.S. Bankruptcy Court (D. Me.); Portland Gabriel Fried Hilco
More informationCase: JMD Doc #: 304 Filed: 03/06/12 Desc: Main Document Page 1 of 9 UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW HAMPSHIRE
Case: 11-13671-JMD Doc #: 304 Filed: 03/06/12 Desc: Main Document Page 1 of 9 UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW HAMPSHIRE In re: Kingsbury Corporation Donson Group, Ltd. Ventura Industries,
More informationChapter 11 of the Bankruptcy Code provides a. by David S. Kupetz
by David S. Kupetz Chapter 11 of the Bankruptcy Code provides a framework for the reorganization of eligible entities. 1 Upon the filing of a Chapter 11 petition, a reorganization case is commenced and
More informationUNITED STATES BANKRUPTCY COURT DISTRICT OF NEW HAMPSHIRE
2015 BNH 011 UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW HAMPSHIRE In re: Tempnology, LLC, Debtors Bk. No. 15-11400-JMD Chapter 11 Daniel W. Sklar, Esq. Christopher Desiderio, Esq. Lee Harrington, Esq.
More informationWhen Do Rights of First Refusal Constitute an Unenforceable Restriction on Assignment in Bankruptcy? January/February Daniel P.
When Do Rights of First Refusal Constitute an Unenforceable Restriction on Assignment in Bankruptcy? January/February 2008 Daniel P. Winikka In the chapter 11 cases of Adelphia Communications Corporation
More information3 A DIP has the same obligations and duties as a trustee, but has. 9 Courts generally consider intellectual property contracts exec-
543 N.C.P. MARKETING GROUP, INC. V. B G STAR PRODUCTION: THE NINTH CIRCUIT CORRECTLY DETERMINED THAT A DEBTOR IN POSSESSION CANNOT ASSUME A TRADEMARK LICENSE IN CHAPTER 11 BANKRUPTCY PROCEEDINGS I. INTRODUCTION
More informationFirst Circuit Holds That Trademark Licensee Loses Right to Use Trademarks When Debtor-Licensor Rejects License
January 31, 2018 First Circuit Holds That Trademark Licensee Loses Right to Use Trademarks When Debtor-Licensor Rejects License The United States Court of Appeals for the First Circuit recently addressed
More informationTHE SECTION 365(C)(1)(A) DEBATE: ACTUAL OR HYPOTHETICAL? A CIRCUIT-BY-CIRCUIT LOOK ROBERT L. EISENBACH III* COOLEY GODWARD KRONISH LLP
THE SECTION 365(C)(1)(A) DEBATE: ACTUAL OR? A CIRCUIT-BY-CIRCUIT LOOK ROBERT L. EISENBACH III* COOLEY GODWARD KRONISH LLP Circuit Test Used Most Recent Case Seminal Case(s) First (Maine, New Hampshire,
More informationLORI E. LESSER. Introduction
BANKRUPTCY AND LICENSING LORI E. LESSER SIMPSON THACHER & BARTLETT LLP SEPTEMBER 29, 2003 Introduction The risk of bankruptcy looms over high-tech and low-tech U.S. companies alike. The prudent lawyer
More informationReducing the Effects of Licensing Bankruptcy
July/August 2004 Issue 141 Incorporating IP Asia Reducing the Effects of Licensing Bankruptcy by Karen Artz Ash and Bret J. Danow, Katten Muchin Zavis Rosenman Reprinted from the July/August issue 2004
More informationCase: Document: Page: 1 Date Filed: 06/01/2010 PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT. No.
Case: 08-1872 Document: 003110164457 Page: 1 Date Filed: 06/01/2010 PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. 08-1872 In re: EXIDE TECHNOLOGIES, Debtors ENERSYS DELAWARE, INC.,
More informationClient Alert. Circuit Courts Weigh In on Treatment of Trademark License Agreements in Bankruptcy
Number 1438 December 12, 2012 Client Alert Latham & Watkins Finance Department Circuit Courts Weigh In on Treatment of Trademark License Agreements in Bankruptcy Recent bankruptcy appellate rulings have
More informationIn the Supreme Court of the United States
NO. 12-431 In the Supreme Court of the United States SUNBEAM PRODUCTS, INC., DOING BUSINESS AS JARDEN CONSUMER SOLUTIONS, Petitioner, v. CHICAGO AMERICAN MANUFACTURING, LLC, Respondent. On Petition for
More informationFourth Circuit Addresses Protections for US IP Licenses in Case Under Chapter 15 of the Bankruptcy Code
Legal Update December 11, 2013 Fourth Circuit Addresses Protections for US IP Licenses in Case Under Chapter 15 of the Bankruptcy In a case of significant importance to licensees of US intellectual property,
More informationEach of the following events or conditions shall constitute an "Event of Default":
I. Enforceability of Termination on Bankruptcy or Ipso Facto Contract Clauses. A. What Are Ipso Facto Clauses? 1. Definition and Underlying Purpose Termination on bankruptcy, or ipso facto clauses, are
More informationHistory Matters: Historical Breaches May Undermine Assumption of Executory Contracts. Lance E. Miller
History Matters: Historical Breaches May Undermine Assumption of Executory Contracts Lance E. Miller One of the primary fights underlying assumption of an unexpired lease or executory contract has long
More informationTestimony Before the American Bankruptcy Institute Commission to Study the Reform of Chapter 11. New York City Hearing
Testimony Before the American Bankruptcy Institute Commission to Study the Reform of Chapter 11 New York City Hearing June 4, 2013 The Clash Between Section 365 and Intellectual Property Law Lisa Hill
More informationWHAT IS THE CURE?: NONMONETARY DEFAULTS UNDER EXECUTORY CONTRACTS
WHAT IS THE CURE?: NONMONETARY DEFAULTS UNDER EXECUTORY CONTRACTS By David S. Kupetz * I. ASSUMPTION OF EXECUTORY CONTRACTS The Bankruptcy Code (the Code ) provides that, subject to court approval, a bankruptcy
More informationEighth Circuit Holds that Trademark License Granted As Part of Sale Agreement is Not Executory
June 16, 2014 clearygottlieb.com Eighth Circuit Holds that Trademark License Granted As Part of Sale Agreement is Not Executory On June 6, 2014, the United States Court of Appeals for the Eighth Circuit
More informationCase Document 383 Filed in TXSB on 05/30/17 Page 1 of 9
Case 17-30262 Document 383 Filed in TXSB on 05/30/17 Page 1 of 9 IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION In re MEMORIAL PRODUCTION PARTNERS, et al. 1 DEBTORS
More informationJournal of Intellectual Property Law
Journal of Intellectual Property Law Volume 18 Issue 1 Article 8 October 2010 Finding Common Ground: Resolving Assumption and Assignment of Intellectual Property Licenses in Chapter 11 Bankruptcy Through
More informationThree Provocative Business Bankruptcy Decisions of 2018
Alert Three Provocative Business Bankruptcy Decisions of 2018 June 25, 2018 The appellate courts are usually the last stop for parties in business bankruptcy cases. The courts issued at least three provocative,
More informationTechnology Contracts and Agreements: A Practice Guide to Effective Negotiation, Drafting and Strategy
Technology Contracts and Agreements: A Practice Guide to Effective Negotiation, Drafting and Strategy Keith Witek Director of Strategy & Corp Development AMD Ed Cavazos Principal Fish & Richardson P.C.
More informationInternational Bankruptcy Issues in IP Transactions
International Bankruptcy Issues in IP Transactions Jeffrey D. Osterman September 2012 INTRODUCTION 1 The World of Bankruptcy 2 Agenda Overview of Bankruptcy Law Risks to IP Licensees Case Study In re Qimonda
More informationSpansion v. Apple The Intersection of the Bankruptcy Code and Intellectual Property AIPLA Spring Meeting May 2, 2013
Spansion v. Apple The Intersection of the Bankruptcy Code and Intellectual Property AIPLA Spring Meeting May 2, 2013 Michael R. Lastowski 2013 Duane Morris LLP. All Rights Reserved. Duane Morris is a registered
More informationCase KG Doc 313 Filed 04/01/18 Page 1 of 5 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE ) ) ) ) ) )
Case 18-10055-KG Doc 313 Filed 04/01/18 Page 1 of 5 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: HOBBICO, INC. et al., 1 Debtors. Chapter 11 Case No. 18-10055 (KG Jointly Administered
More informationrbk Doc#452 Filed 07/16/18 Entered 07/16/18 10:15:01 Main Document Pg 1 of 7
18-50049-rbk Doc#452 Filed 0/16/18 Entered 0/16/18 10:15:01 Main Document Pg 1 of UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION IN RE: A GACI, L.L.C., Debtor. Chapter 11 Case
More informationAppeal: Doc: 25-1 Filed: 10/10/2012 Pg: 1 of 44 Total Pages:(1 of 45) No IN THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Appeal: 12-1802 Doc: 25-1 Filed: 10/10/2012 Pg: 1 of 44 Total Pages:(1 of 45) No. 12-1802 IN THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT DR. MICHAEL JAFFÉ, as Insolvency Administrator over
More informationCourt Explores Termination Rights Under Bankruptcy Code Section 560
Court Explores Termination Rights Under Bankruptcy Code Section 560 Wilbur F. Foster, Jr., Adrian C. Azer and Constance Beverley The authors examine a recent bankruptcy court decision limiting termination
More informationUnited States Court of Appeals For the Eighth Circuit
United States Court of Appeals For the Eighth Circuit No. 11-1850 In re: Interstate Bakeries Corporation llllllllllllllllllllldebtor ------------------------------ Lewis Brothers Bakeries Incorporated
More informationStructuring License Agreements with Companies in Financial Difficulty--Section 365(n)--Divining Rod or Obstacle Course?
St. John's Law Review Volume 65 Issue 4 Volume 65, Autumn 1991, Number 4 Article 3 April 2012 Structuring License Agreements with Companies in Financial Difficulty--Section 365(n)--Divining Rod or Obstacle
More informationRecent Developments Concerning Intellectual Property and Bankruptcy
Recent Developments Concerning Intellectual Property and Bankruptcy by Kenneth N. Klee, Esq., * Isaac M. Pachulski, Esq., + David A. Fidler, Esq., * Mette H. Kurth, Esq., * and Eric D. Winston, Esq. +
More informationBankruptcy Issues in Franchising: An Overview
Bankruptcy Issues in Franchising: An Overview Craig R. Tractenberg, Esq. Michael J. Viscount, Jr., Esq. Partner 215.444.7161 646.601.7639 ctractenberg@foxrothschild.com Partner 609.572.2227 215.299.2000
More informationCase KJC Doc 1054 Filed 05/15/13 Page 1 of 5 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE
Case 13-10125-KJC Doc 1054 Filed 05/15/13 Page 1 of 5 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: SCHOOL SPECIALTY, INC., et al., 1 Debtors. Chapter 11 Case No. 13-10125 (KJC)
More informationI. Current law and practice
Question Q241 National Group: Title: Contributors: Reporter within Working Committee: Egyptian National Group IP licensing and insolvency Mohamed-Hossam LOUTFI Mohamed-Hossam LOUTFI Date: May 11, 2014
More informationCase Document 675 Filed in TXSB on 08/31/18 Page 1 of 11 IN THE UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION
Case 18-30197 Document 675 Filed in TXSB on 08/31/18 Page 1 of 11 IN THE UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION In re: Chapter 11 LOCKWOOD HOLDINGS, INC., et al., 1
More informationPh.D. Radislava Kosseva, LL.M., Polina Bakalova, LL.M.
Question Q241 National Group: Title: Contributors: Bulgarian National Group of AIPPI IP Licensing and Insolvency Ph.D. Radislava Kosseva, LL.M., Polina Bakalova, LL.M. Reporter within Working Committee:
More informationBankruptcy basics in franchising
bankruptcy law alert Nixon peabody LLP Bankruptcy basics in franchising November 3, 2017 By Rick Pedone and Chris Desiderio 1 Business bankruptcy basics for franchisors, franchisees and lenders Business
More informationThe Fourth Circuit Upholds Application of Section 365(n) of the Bankruptcy Code over Contrary Foreign Law in Chapter 15 Case
December 17, 2013 The Fourth Circuit Upholds Application of Section 365(n) of the Bankruptcy Code over Contrary Foreign Law in Chapter 15 Case In Jaffé v. Samsung Electronics Company, Ltd., No. 12-1802,
More informationJason Binford s article, Assigning
Counterpoint: Bankruptcy and Assignment of Franchise Agreements over Franchisor s Objection William J. Barrett Jason Binford s article, Assigning a Franchise Agreement over the Franchisor s Objection:
More informationUNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF MISSISSIPPI. TONY EDDINS and HILDA EDDINS GMAC MORTGAGE COMPANY OPINION
UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF MISSISSIPPI IN RE: TONY EDDINS and HILDA EDDINS CASE NO. 02-17545-DWH TONY EDDINS and HILDA EDDINS VERSUS GMAC MORTGAGE COMPANY PLAINTIFFS ADV. PROC.
More informationFrom the Bankruptcy Courts: The Effect of a Cross-Default Provision on the Ability to Assume an Executory Contract or Unexpired Lease
Maurice A. Deane School of Law at Hofstra University Scholarly Commons at Hofstra Law Hofstra Law Faculty Scholarship 2000 From the Bankruptcy Courts: The Effect of a Cross-Default Provision on the Ability
More informationmew Doc 2762 Filed 03/08/18 Entered 03/08/18 12:35:47 Main Document Pg 1 of 8
Pg 1 of 8 Thomas R. Slome Michael Kwiatkowski MEYER, SUOZZI, ENGLISH & KLEIN, P.C. 990 Stewart Avenue, Suite 300 P.O. Box 9194 Garden City, New York 11530-9194 Telephone: (516) 741-6565 Facsimile: (516)
More informationIP Strategies VEDDER PRICE BANKRUPTCY PROTECTIONS FOR THE NONBANKRUPT INTELLECTUAL PROPERTY LICENSEE AND LICENSOR. May 2004 IN THIS ISSUE
VEDDER PRICE IP Strategies Trends in patent, copyright, trademark and technology development and protection May 2004 BANKRUPTCY PROTECTIONS FOR THE NONBANKRUPT INTELLECTUAL PROPERTY LICENSEE AND LICENSOR
More informationENTERTAINMENT, ARTS AND SPORTS LAW SECTION ANNUAL MEETING. Take a Bow: What Happens to the Assets After the "Greatest Show on Earth" is Over
ENTERTAINMENT, ARTS AND SPORTS LAW SECTION ANNUAL MEETING Take a Bow: What Happens to the Assets After the "Greatest Show on Earth" is Over I. Trademark Licenses Under US Bankruptcy Code Section 365(n)
More informationCase 1:15-cv SAS Document 14 Filed 12/03/15 Page 1 of 14
Case 1:15-cv-05473-SAS Document 14 Filed 12/03/15 Page 1 of 14 Case 1:15-cv-05473-SAS Document 14 Filed 12/03/15 Page 2 of 14 Owner LLC ( Fisher-Park ). For the reasons set forth below, the Bankruptcy
More informationReal Estate Law journal
Real Estate Law journal A WEST PUBLICATION SUMMER 2004 FROM THE EDITOR-IN-CHIEF Robert J. Aalberts STRUCTURING MEZZANINE INVESTMENTS WITH HOPE OF ACHIEVING LONG-TERM CAPITAL GAINS TREATMENT Jeanne A. Calderon
More informationSUMMARY REPORT. Question 241. IP Licensing and Insolvency
SUMMARY REPORT Question 241 IP Licensing and Insolvency by Thierry CALAME, Reporter General Sarah MATHESON and John OSHA, Deputy Reporters General Kazuhiko YOSHIDA, Sara ULFSDOTTER and Anne Marie VERSCHUUR
More informationCase KRH Doc 3250 Filed 08/11/16 Entered 08/11/16 08:55:56 Desc Main Document Page 1 of 11
Document Page 1 of 11 IN THE UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division IN RE: ALPHA NATURAL RESOURCES, Case No. 15-33896-KRH INC., et al., Chapter 11 (Jointly
More informationSupreme Court of the United States
Docket No. 13-628 In The Supreme Court of the United States October Term, 2014 IN RE FOODSTAR, INC., Debtor FOODSTAR, INC., Petitioner v. Ravi Vohra Respondent On Writ of Certiorari to the United States
More informationMOTION OF RLI INSURANCE COMPANY TO LIFT THE AUTOMATIC STAY TO CANCEL SURETY BONDS THAT ARE FINANCIAL ACCOMMODATIONS
IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF NEW YORK In re: ) Chapter 11 Case No. REPUBLIC AIRWAYS HOLDINGS, INC. ) et al., ) 16-10429 (SHL) ) Debtors. ) Jointly Administered ) MOTION
More informationCase Document 381 Filed in TXSB on 02/08/18 Page 1 of 10
Case 17-36709 Document 381 Filed in TXSB on 02/08/18 Page 1 of 10 IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION In re: COBALT INTERNATIONAL ENERGY, INC., et
More informationLicensing & Management of IP Assets. Covenant Not to Sue
Licensing & Management of IP Assets Covenant Not to Sue AIPLA Spring Meeting May 2, 2013 Presented by D. Patrick O Reilley Emotional Background to Covenants Implication of validity Exhaustion Lemelson
More informationSection 365 Versus 362: Applying the Automatic Stay To Prevent Unilateral Termination in a Bankruptcy Setting
Fordham Law Review Volume 61 Issue 4 Article 7 1993 Section 365 Versus 362: Applying the Automatic Stay To Prevent Unilateral Termination in a Bankruptcy Setting Robert J. Verga Recommended Citation Robert
More informationEconomic Damages in IP Litigation
Economic Damages in IP Litigation September 22, 2016 HCBA, Intellectual Property Section Steven S. Oscher, CPA /ABV/CFF, CFE Oscher Consulting, P.A. Lost Profits Reasonable Royalty * Patent Utility X X
More informationEnvironmental Obligations in United States Bankruptcy Actions: An Analysis of Two Key Issues
6 April 2018 Practice Groups: Environment, Land and Natural Resources; Restructuring & Insolvency Environmental Obligations in United States Bankruptcy Actions: An Analysis By Dawn Monsen Lamparello, Sven
More informationUNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN
UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN ) In re ) Chapter 9 ) CITY OF DETROIT, MICHIGAN, ) Case No. 13-53846 ) Debtor. ) Hon. Steven W. Rhodes ) STATEMENT OF SYNCORA GUARANTEE INC.
More informationNOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS
NOT TO BE PUBLISHED WITHOUT THE APPROVAL OF THE COMMITTEE ON OPINIONS ASHLAND INC., INTERNATIONAL SPECIALTY PRODUCTS INC.; and ISP ENVIRONMENTAL SERVICES, INC., SUPERIOR COURT OF NEW JERSEY MORRIS COUNTY
More informationADDRESSING UNFAIRNESS TO NON-DEBTOR PATENT LICENSEES IN BANKRUPTCY FREE AND CLEAR OF SALES: ISSUES OF TIMING, NOTICE & CONSENT. Anne M.
ADDRESSING UNFAIRNESS TO NON-DEBTOR PATENT LICENSEES IN BANKRUPTCY FREE AND CLEAR OF SALES: ISSUES OF TIMING, NOTICE & CONSENT Anne M. Culotta I. INTRODUCTION... 432 II. TWO TEST CASES AND THREE QUESTIONS...
More informationIn re Cumbess. Core Terms. Opinion
No Shepard s Signal As of: December 17, 2018 10:26 PM Z In re Cumbess United States Bankruptcy Court for the Middle District of Georgia, Macon Division November 30, 2018, Decided Case No. 17-51678-AEC,
More informationThe Rejection of Executory Contracts under the Intellectual Property Bankruptcy Protection Act of 1988
Cleveland State University EngagedScholarship@CSU Cleveland State Law Review Law Journals 1989 The Rejection of Executory Contracts under the Intellectual Property Bankruptcy Protection Act of 1988 John
More informationIN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE November 2, 2016 Session
IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE November 2, 2016 Session BRANDON BARNES v. U.S. BANK NATIONAL ASSOCIATION Appeal from the Circuit Court for Davidson County No. 15C2873 Thomas W. Brothers,
More informationDIRECTORS AND OFFICERS LIABILITY BANKRUPTCY STAYS OF LITIGATION AGAINST NON-DEBTORS JUNE 12, 2003 JOSEPH M. MCLAUGHLIN S IMPSON THACHER & BARTLETT LLP
DIRECTORS AND OFFICERS LIABILITY BANKRUPTCY STAYS OF LITIGATION AGAINST NON-DEBTORS JOSEPH M. MCLAUGHLIN SIMPSON THACHER & BARTLETT LLP JUNE 12, 2003 Most courts have held the insured versus insured exclusion
More informationUpon the motion, dated June 20, 2009 (the Motion ), as orally modified at the
Hearing Date: July 13, 2009, at 9:45 a.m. (Eastern Time) Objection Deadline: July 8, 2009, at 4:00 p.m. (Eastern Time) UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------------------------------------x
More informationA Claim by Any Other Name: Court Disallows 503(b)(9) Claims Under Section 502(d) Daniel J. Merrett Mark G. Douglas
A Claim by Any Other Name: Court Disallows 503(b)(9) Claims Under Section 502(d) Daniel J. Merrett Mark G. Douglas A new administrative-expense priority was added to the Bankruptcy Code as part of the
More informationCase KJC Doc 579 Filed 08/16/16 Page 1 of 7 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE.
Case 16-11452-KJC Doc 579 Filed 08/16/16 Page 1 of 7 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re DRAW ANOTHER CIRCLE, LLC, et al., 1 Debtors. Chapter 11 Case No.: 16-11452
More informationIN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
Main Document Page 1 of 7 IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: : CHAPTER 11 ALL AMERICAN PROPERTIES, INC. : Debtor : CASE NO. 1:10-bk-00273MDF : PETRO FRANCHISE
More informationDebtors. : (Jointly Administered)
UNITED STATES BANKRUPTCY COURT FOR PUBLICATION SOUTHERN DISTRICT OF NEW YORK - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x In re: : Chapter 11 FOOTSTAR, INC., et al., : Case No.
More informationRegional Group Central America and the Caribbean
Question Q241 National Group: Title: Contributors: Reporter within Working Committee: Regional Group Central America and the Caribbean IP licensing and insolvency Leticia CAMINERO Dominican Republic (Green)
More informationEnforcement of Foreign Orders Under Chapter 15
Enforcement of Foreign Orders Under Chapter 15 Jeanne P. Darcey Amy A. Zuccarello Sullivan & Worcester LLP June 15, 2012 CHAPTER 15: 11 U.S.C. 1501 et seq. Purpose of chapter 15 is to Provide effective
More informationCase hdh11 Doc 67 Filed 11/03/17 Entered 11/03/17 17:36:40 Page 1 of 15
Case 17-33964-hdh11 Doc 67 Filed 11/03/17 Entered 11/03/17 17:36:40 Page 1 of 15 Gregory G. Hesse (Texas Bar No. 09549419) HUNTON & WILLIAMS LLP 1445 Ross Avenue Suite 3700 Dallas, Texas 75209 Telephone:
More informationmew Doc 2827 Filed 03/13/18 Entered 03/13/18 22:57:38 Main Document Pg 1 of 14
Pg 1 of 14 Presentment Date and Time: March 28, 2018 at 11:00 a.m. (Eastern Time) Objection Deadline: March 21, 2018 at 4:00 p.m. (Eastern Time) Hearing Date and Time (Only if Objection Filed): March 28,
More informationWhen are Debtors and Creditors Bound to the Provisions of Confirmed Reorganization Plans? Gabriella Labita, J.D. Candidate 2018
When are Debtors and Creditors Bound to the Provisions of Confirmed Reorganization Plans? 2017 Volume IX No. 13 When are Debtors and Creditors Bound to the Provisions of Confirmed Reorganization Plans?
More informationApplication of the Automatic Stay to a Non-Debtor Corporation Joanna Matuza, J.D. Candidate 2017
Application c Stay to a Non-Debtor of the Automatic Corporation Stay to a Non-Debtor Corporation 2016 Volume VIII No. 20 Application of the Automatic Stay to a Non-Debtor Corporation Joanna Matuza, J.D.
More informationCase 4:16-cv JLH Document 40 Filed 07/07/17 Page 1 of 12 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION
Case 4:16-cv-00935-JLH Document 40 Filed 07/07/17 Page 1 of 12 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION IN RE: SQUIRE COURT PARTNERS LIMITED PARTNERSHIP SQUIRE
More informationNote NONEXCLUSIVE PATENT LICENSEES UNITE: USE BANKRUPTCY COMMITTEES TO SUE FOR PATENT INFRINGEMENT
Note NONEXCLUSIVE PATENT LICENSEES UNITE: USE BANKRUPTCY COMMITTEES TO SUE FOR PATENT INFRINGEMENT J. MICHAEL STRICKLAND INTRODUCTION Prior to 1988, the five-word sentence most feared by nonexclusive patent
More informationNOTICE OF DEBTORS OMNIBUS MOTION TO REJECT CERTAIN EMPLOYMENT RELATED AGREEMENTS NUNC PRO TUNC TO THE DATE OF THE MOTION
Case 14-22654-GMB Doc 98 Filed 06/30/14 Entered 06/30/14 21:51:08 Desc Main Document Page 1 of 3 UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW JERSEY Caption in compliance with D.N.J. LBR 9004-2(c) FOX
More informationFollow this and additional works at:
2007 Decisions Opinions of the United States Court of Appeals for the Third Circuit 11-28-2007 In Re: Rocco Precedential or Non-Precedential: Non-Precedential Docket No. 06-2438 Follow this and additional
More informationrbk Doc#305 Filed 04/07/16 Entered 04/07/16 18:56:05 Main Document Pg 1 of 5
16-07-rbk Doc#30 Filed 04/07/16 Entered 04/07/16 18:6:0 Main Document Pg 1 of IN THE UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION In re: Buffets, LLC, et al. Debtors. Case
More informationCase JKS Doc 230 Filed 07/30/18 Entered 07/30/18 20:22:48 Desc Main Document Page 1 of 7
Document Page 1 of 7 UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW JERSEY Caption in Compliance with D.N.J. LBR 9004-2(c) OGEN & SEDAGHATI, P.C. 202 East 35th Street New York, New York 10016 (212) 344-3440
More informationChapter 15 and Cross- Border Insolvency
BACKGROUND David Conaway dconaway@slk-law.com 704.945.2149 Manufacturing Customers Vendors Supply Chain Insolvency Litigation Commercial and Financial Contracts Cross-Border One by-product of the globalization
More informationJournal of Technology Law & Policy
Journal of Technology Law & Policy Volume XV Fall 2014 ISSN 2164-800X (online) DOI 10.5195/tlp.2014.156 http://tlp.law.pitt.edu Trademark Protection in Bankruptcy Proceedings: A Closer Look at Lubrizol
More informationFinal Judgment on the Merits
June 4, 2016 Does the Equitable Doctrine of Res Judicata Apply to a Bankruptcy Court Order Approving a Settlement With a Bankruptcy Trustee, Thus Prohibiting a Second Lawsuit by a new Bankruptcy Trustee
More informationPlease number your answers with the same numbers used for the corresponding questions.
Question Q241 National Group: Title: Contributors: Reporter within Working Committee: The Latvian National Group IP licensing and insolvency Vadim MANTROV Vadim MANTROV Date: 19 May 2014 Questions I. Current
More informationCase MFW Doc 206 Filed 09/12/14 Page 1 of 7 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE
Case 14-11848-MFW Doc 206 Filed 09/12/14 Page 1 of 7 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: Chapter 11 Phoenix Payment Systems, Inc. Case No. 14-11848 (MFW Debtor. Hearing
More informationUNITED STATE BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION. Case No wsd. Greektown Holdings, L.L.C., et al.
UNITED STATE BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION In re: Case No. 08-53104-wsd Greektown Holdings, L.L.C., et al. Chapter 11 Debtors. / Hon. Walter Shapero OPINION GRANTING DEBTOR
More informationdirectly to a court in the United States for any relief such as operating the debtor s business
Do Foreign Representatives Need to Satisfy the Recognition Requirement? 2017 Volume IX No. 24 Do Foreign Representatives Need to Satisfy the Recognition Requirement? Parm Partik Singh, J.D. Candidate 2018
More informationSupreme Court of the United States
No. 13-628 IN THE Supreme Court of the United States OCTOBER TERM 2013 IN RE FOODSTAR, INC., DEBTOR FOODSTAR, INC., Petitioner, V. RAVI VOHRA, Respondent. ON WRIT OF CERTIORARI FROM THE THIRTEENTH CIRCUIT
More informationUNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION. LINDA HORTON, Case No Chapter 13 Hon. Marci B.
UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION In re: LINDA HORTON, Case No. 03-61750 Chapter 13 Debtor. Hon. Marci B. McIvor / OPINION REGARDING CREDITOR S MOTION FOR RELIEF
More informationIN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND
Mulhern et al v. Grigsby Doc. 20 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND JOHN MULHERN, et al., Appellants, v. Case No. RWT 13-cv-2376 NANCY SPENCER GRIGSBY, Chapter 13 Trustee
More informationCase LSS Doc 322 Filed 01/12/15 Page 1 of 13 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE
Case 14-10791-LSS Doc 322 Filed 01/12/15 Page 1 of 13 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: DYNAVOX, INC., et al., 1 Chapter 11 Case No. 14-10791 (LSS) Debtors. (Jointly
More informationCase acs Doc 52 Filed 08/20/15 Entered 08/20/15 16:11:30 Page 1 of 14 UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF KENTUCKY
Case 14-34747-acs Doc 52 Filed 08/20/15 Entered 08/20/15 16:11:30 Page 1 of 14 UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF KENTUCKY In re: ) ) CLIFFORD J. AUSMUS ) CASE NO. 14-34747 ) CHAPTER 7
More informationJUDICIAL DISSOLUTION OF LLCS AND THE BANKRUPTCY CODE
JUDICIAL DISSOLUTION OF LLCS AND THE BANKRUPTCY CODE Thomas E. Plank* INTRODUCTION The potential dissolution of a limited liability company (a LLC ), including a judicial dissolution discussed by Professor
More informationUNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION ) ) ) ) ) ) ) ) Chapter 11
UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION In re FIRSTENERGY SOLUTIONS CORP., et al., 1 Debtors. ) ) ) ) ) ) ) ) Chapter 11 Case No. 18-50757 Jointly Administered Hon. Judge
More information