Editor’s Note: The following article, “From Sunbeam to In re Tempnology: Solving the Trademark Puzzle with a Burden-Shifting Framework” won the prize for second place in the Tenth Annual ABI Bankruptcy Law Student Writing Competition. Mr.
Emerging Industries And Technology Committee
Committees
In the recent case of Mission Product Holdings Inc. v. Tempnology LLC,[1] the U.S. Court of Appeals for the First Circuit added to the already uncertain fate of trademark licenses in bankruptcy cases.
We are excited to announce that the Technology and IP Committee is broadening and redefining its scope. In connection with these efforts to remain progressive in an ever-changing innovative and technological world, the committee is now rebranded as the Emerging Industries and Technology Committee.
Lawyers, due to their risk-adverse nature, are commonly thought of as slow to adopt technology. Perhaps this perception has led to a slower development of the use of artificial intelligence (AI) in the legal industry when compared to other industries like the medical field, where AI is increasingly used for medical diagnostics and robotic surgical systems.
I am Beverly A. Berneman, and I am pleased to take on the role of the editor of the ABI Technology and Intellectual Property Committee’s e-newsletter. By way of background, I am a partner with Golan Christie Taglia LLP in Chicago. I hold a J.D. from Chicago Kent School of Law, and my practice started in bankruptcy law.
This article addresses a legitimate fear common among companies negotiating license agreements: the license counterparty filing for bankruptcy. Given the business interruption that could ultimately occur as a result of a restructuring event, it is vital for practitioners to address bankruptcy or insolvency issues up front during the negotiation of the license agreement.
John G. Loughnane and John T. Farnum have served as co-chairs this past year for the Technology and Intellectual Property Committee. Continuing a recent trend, the committee again experienced a very busy year as technology continues to develop at a rapid pace, as does the law concerning intellectual property (IP) in insolvency.
There is much in the booming health care industry to entice an acquisition or integration. The boom has been accompanied by vast amounts of data digitized as electronic health records and myriad other formats. This data adds great value to health care organizations. Because of its value, data merits exacting protection from loss of any kind.
An unprecedented filing leads to an unprecedented joint solution from the both the U.S. Bankruptcy Court for the District of Delaware and the Ontario Superior Court of Justice -Commercial List supervising the Nortel liquidation in Canada and the U.S.
Trump Entertainment Resorts Trump AC Casino Marks, LLC (the “licensee/debtor”) filed voluntary petitions for chapter 11 relief on Sept. 9, 2014. On Aug. 5, 2014, Trump Marks, LLC sought to terminate the royalty-free trademark license previously granted to the licensee/debtor.
Fri, 2017-12-01
Hosted by the Health Care, Real Estate, and Technology and Intellectual Property Committees This panel will explore the rapidly changing world of information technology and medical device technology, and how it is transforming the health care system in America. Just as importantly, the panelists will discuss the financial implications and issues impacting health care providers due to the costs associated with these technological changes, and how they are dealt with in the circumstance of a financially distressed health care business.
Sat, 2017-04-22
This panel hosted by the Ethics & Professional Compensation and Technology & Intellectual Property Committees will navigate the use and impact of the media in any bankruptcy case can pose challenging ethical dilemmas that are only exacerbated in highprofile cases. The panelists will explore these issues and share some of their personal insights and stories."
Tue, 2016-05-03
Crossing the Digital Divide: How to Use Social Media to Augment Your Practice
Wed, 2015-10-07
The ABI Bankruptcy Litigation Committee recently published a newsletter with articles focusing on IP matters in bankruptcy litigation. Following publication of the newsletter, authors invited members to dial in for further discussion of the topic and articles.
Sat, 2015-04-18
Using Technology Effectively: Strategies for Courtroom Success
Ms. Ericka F. Johnson
Co-Chair
Womble Bond Dickinson (US) LLP
Wilmington, DE
(302) 252-4337
Co-Chair
Womble Bond Dickinson (US) LLP
Wilmington, DE
(302) 252-4337
Mr. Dylan G. Trache
Co-Chair
Nelson Mullins Riley & Scarborough, LLP
Washington, DC
(202) 712-2800
Co-Chair
Nelson Mullins Riley & Scarborough, LLP
Washington, DC
(202) 712-2800
Mr. Matthew T. Faga, Esq.
Education Director
Markus Williams Young & Hunsicker LLP
Denver, CO
(303) 830-0800
Education Director
Markus Williams Young & Hunsicker LLP
Denver, CO
(303) 830-0800
Ms. Jill B. Bienstock, Esq.
Membership Relations Director
Cole Schotz P.C.
Hackensack, NJ
(201) 525-6328
Membership Relations Director
Cole Schotz P.C.
Hackensack, NJ
(201) 525-6328
Mr. Jarret P. Hitchings, Esq.
Newsletter Editor
Duane Morris LLP
Wilmington, DE
(302) 657-4952
Newsletter Editor
Duane Morris LLP
Wilmington, DE
(302) 657-4952