• In Mission Product Holdings Inc. v. Tempnology LLC, the U.S. Supreme Court holds that rejection through U.S. Bankruptcy Code Section 365 does not terminate a trademark licensee's right to use a licensed trademark. The...more
5/28/2019
/ Bankruptcy Appellate Panel (BAP) ,
Bankruptcy Code ,
Breach of Contract ,
Commercial Bankruptcy ,
Debtors ,
Exclusions ,
Executory Contracts ,
IP License ,
Mission Product Holdings Inc v Tempnology LLC ,
Rescission ,
Reversal ,
SCOTUS ,
Section 365 ,
Split of Authority ,
Trademark Licenses ,
Trademarks ,
Trustees
• Considered without reference to a corresponding definition, Section 365(n) of the Bankruptcy Code seems clear. If the trustee or debtor-in-possession, as licensor, rejects an executory intellectual property license, the...more
5/11/2018
/ Bankruptcy Appellate Panel (BAP) ,
Bankruptcy Code ,
Bankruptcy Court ,
Chapter 11 ,
Commercial Bankruptcy ,
Debtors-in-Possession ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Licensees ,
Plain Meaning ,
Section 365 ,
Split of Authority ,
Trademark Licenses ,
Trademark Litigation ,
Trademarks ,
Trustees
Judge Christopher S. Sontchi of the U.S. Bankruptcy Court for the District of Delaware (Court) issued a decision on Feb. 28, 2017, that has important – and positive – significance for Native American tribal governments, their...more
3/22/2017
/ Avoidance ,
Casinos ,
Chapter 11 ,
Commercial Bankruptcy ,
Debtors ,
Motion to Dismiss ,
Native American Issues ,
Preferential Transfers ,
Sovereign Immunity ,
Tribal Corporations ,
Tribal Governments ,
Trustees
A trend emerging in consumer bankruptcy cases around the U.S. is causing concern for many parents, students and undergraduate schools. As was reported by The Wall Street Journal in an article published on May 5, 2015, an...more
7/21/2015
/ 401k ,
Bankruptcy Code ,
Chapter 7 ,
Clawbacks ,
Consumer Bankruptcy ,
Consumer Price Index ,
Educational Institutions ,
Internal Revenue Code (IRC) ,
PACT Act ,
Proposed Legislation ,
Trustees ,
Tuition ,
Universities