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.

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.

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.

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.