Emerging Industries And Technology Committee

Committees

Post date: Thursday, August 27, 2015

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.

Post date: Thursday, August 27, 2015
Photo of Christopher G. Bradley
Christopher G. Bradley

In today’s corporate bankruptcy world, a debtor’s most important and valuable assets often come in the form of intellectual property (IP). Understanding the effect of bankruptcy on IP licenses is crucial not only for debtors, but also for existing licensees and for potential purchasers of IP assets.

Post date: Wednesday, July 22, 2015

On April 3, 2015, U.S. Bankruptcy Court for the Southern District of Texas ruled that business social media accounts are property of the estate. Accordingly, the court ordered the former owner to relinquish control of the accounts, which the former owner claimed were personal and not business related.[1]

Post date: Wednesday, January 07, 2015

Beginning in 2012, a distinguished group of bankruptcy attorneys, academics and judges known as the American Bankruptcy Institute (ABI) Commission to Study the Reform of Chapter 11 (the Commission) held periodic meetings throughout the U.S. to analyze and discuss comprehensive reforms to chapter 11 of the Bankruptcy Code. The results of their analyses and recommendations were published on Dec.

Post date: Wednesday, December 31, 2014

On Oct. 31, 2014, Hon. Michael B. Kaplan of the U.S. Bankruptcy Court for the District of New Jersey issued an opinion addressing the rights of trademark licensees following a sale of substantially all assets under § 363 of the Bankruptcy Code.[1] The decision arose out of the Crumbs Bake Shop bankruptcy case and the sale of substantially all of the debtors’ assets to Lemonis Fischer Acquisition Co. LLC (LFAC), which was approved by the bankruptcy court in August 2014.

Post date: Tuesday, October 21, 2014

In June 2014, the Eighth Circuit reversed its own August 2012 panel decision that had allowed a chapter 11 debtor/licensor  to “reject” a perpetual, royalty-free trademark license agreement as an “executory contract.” The entire Eighth Circuit determined that a perpetual, royalty-free trademark license was not an executory contract and not subject to an assumption or rejection by a lic

Post date: Monday, October 20, 2014

You are embroiled in a contentious trade secret lawsuit. In the midst of the litigation, your competitor files for bankruptcy and proposes to sell its assets. Do those assets include the trade secrets? Which court makes that determination?

Post date: Tuesday, July 29, 2014

A petition for writ of certiorari in the ongoing dispute between bankrupt Qimonda AG and certain licensees has been filed in the U.S. Supreme Court and briefing on the petition was recently completed. On Dec. 3, 2013, the U.S. Court of Appeals for the Fourth Circuit affirmed[1] the U.S.

Post date: Monday, April 21, 2014

Editor’s Note: Tech Talk is a regular feature of the ABI’s Technology and Intellectual Property Committee’s Newsletter that highlights existing and/or emerging technology that might be useful to the bankruptcy community. Reference to a particular company or product is for example purposes only, and is not intended to promote or endorse the product or company.

Cloud computing has been getting a lot of attention recently as a way to save money and time, as well as to facilitate better communication and collaboration.

Post date: Monday, September 12, 2011

On July 26, 2011, the U.S. Court of Appeals for the Seventh Circuit issued In re XMH Corp.,[1] recognizing for the first time in a published U.S. Court of Appeals opinion that a trademark license is not assignable in bankruptcy without the licensor’s consent. This recognition, however, comes with a significant caveat.

Pages

Mr. Matthew T. Faga, Esq.
Co-Chair
Markus Williams Young & Hunsicker LLC
Denver, CO
(303) 830-0800

Mrs. Rebecca Finch Redwine, Esq.
Co-Chair
Hendren, Redwine & Malone, PLLC
Raleigh, NC
(919) 420-0941

Ms. Jordana L. Renert
Co-Chair
Lowenstein Sandler LLP
New York, NY
(212) 419-5963

Ms. Tara J. Schellhorn
Communications Manager
Riker, Danzig LLP
Morristown, NJ
(973) 538-0800

Mr. Jarret P. Hitchings, Esq.
Education Director
Bryan Cave Leighton Paisner LLP
Charlotte, NC
(704) 749-8999

Ms. Brya M. Keilson, Esq.
Newsletter Editor
Morris James LLP
Wilmington, DE
(610) 220-2182

Ms. Katelin A. Morales, Esq.
Newsletter Editor
Young Conaway Stargatt & Taylor, LLP
Wilmington, DE
(302) 571-6600

Ms. Patricia K. Burgess
Special Projects Leader
Frost Brown Todd LLC
Nashville, TN
(615) 251-5550

Please note that in order to view the content for the Committee Newsletters you must either sign in if you are already an ABI member, or otherwise you may Become an ABI Member