ABI’s Industry Viewpoint Interview: Intellectual Property And Bankruptcy
In The (Red) | Business Bankruptcy Blog
by Bob Eisenbach
7M ago
  I recently had the honor of talking with the American Bankruptcy Institute’s Editor-at-Large Bill Rochelle about the intersection of intellectual property and bankruptcy, as part of ABI’s Industry Viewpoints video series. Bill and I discussed issues ranging from the U.S. Supreme Court’s Tempnology decision involving trademark licenses, to Section 365(n) of the Bankruptcy Code, to the very different issues posed when a licensee files bankruptcy and wants to assume or assign an inbound IP license. You can watch the video by following this YouTube link. I hope you enjoy it.   Photo c ..read more
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The Monetization Of Intellectual Property In Bankruptcy And Restructuring
In The (Red) | Business Bankruptcy Blog
by Bob Eisenbach
9M ago
ABI Panel. Last month I had the honor of speaking on a panel at the American Bankruptcy Institute’s 2022 Annual Spring Meeting in Washington, D.C. The topic of our panel was the Monetization of Intellectual Property in Bankruptcy and Restructuring. I was joined by four distinguished panelists, Leslie Zmugg, General Counsel of Gordon Brothers (who was our moderator); Arthur Daemmrich, the Jerome and Dorothy Lemelson Director at the Lemelson Center for the Study of Invention and Innovation at the Smithsonian Institution; Bradley Limpert at Limpert & Associates; and Joshua Pichinson, Managi ..read more
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Official Bankruptcy Forms Revised To Reflect April 1, 2022 Dollar Amount Adjustments Now In Effect
In The (Red) | Business Bankruptcy Blog
by Bob Eisenbach
11M ago
As discussed in an earlier post called “Moving Up: Bankruptcy Code Dollar Amounts Will Increase On April 1, 2022,” various dollar amounts in the Bankruptcy Code and related statutory provisions were increased for cases filed on or after today, April 1, 2022. This information sheet has a list of all of the dollar amount changes now in effect. The official bankruptcy forms have also been revised to reflect these new dollar amounts. The updated forms include the official Proof of Claim form (the link has a copy of the revised form), as well as a number of othe ..read more
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Amendments To The Federal Rules Of Bankruptcy Procedure Take Effect December 1, 2021
In The (Red) | Business Bankruptcy Blog
by Bob Eisenbach
1y ago
  Each year amendments are made to the Federal Rules of Bankruptcy Procedure, which govern how bankruptcy cases are managed. The amendments address issues identified by an Advisory Committee made up of federal judges, bankruptcy attorneys, and others. The rule amendments are ultimately adopted by the U.S. Supreme Court and technically subject to Congressional disapproval. Just A Handful Of Rule Amendments This Year. This year there are only four bankruptcy rule amendments expected to take effect on December 1, 2021. They are all relatively minor technical or administrative revisions. Tha ..read more
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Amendments To The Federal Rules Of Bankruptcy Procedure Take Effect December 1, 2020
In The (Red) | Business Bankruptcy Blog
by Bob Eisenbach
1y ago
Each year amendments are made to the rules that govern how bankruptcy cases are managed — the Federal Rules of Bankruptcy Procedure. The amendments address issues identified by an Advisory Committee made up of federal judges, bankruptcy attorneys, and others. The rule amendments are ultimately adopted by the U.S. Supreme Court and technically subject to Congressional disapproval. Only A Few Rule Amendments This Year. This year there are only six rule amendments expected to take effect on December 1, 2020, and honestly they are all fairly minor clean-up revisions, with most applying to bankrup ..read more
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Fiduciary Duties And Financial Distress In The Time Of COVID-19
In The (Red) | Business Bankruptcy Blog
by Bob Eisenbach
1y ago
The COVID-19 pandemic has caused unprecedented economic disruption, creating sudden financial distress across industries. Companies are now facing impacts ranging from a dramatic decline in revenue of uncertain duration, to potential setbacks to M&A transactions, to delayed or canceled financing rounds. With even some previously well-performing companies potentially entering the so-called zone of insolvency, it’s important to review the fiduciary duties owed by directors and officers and how discharging those duties may change in the face of financial distress. A Refresher On Fiduciary Dut ..read more
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Amendments To The Federal Rules Of Bankruptcy Procedure Take Effect December 1, 2019
In The (Red) | Business Bankruptcy Blog
by Bob Eisenbach
1y ago
Each year amendments are made to the rules that govern how bankruptcy cases are managed — the Federal Rules of Bankruptcy Procedure. The amendments address issues identified by an Advisory Committee made up of federal judges, bankruptcy attorneys, and others. The rule amendments are ultimately adopted by the U.S. Supreme Court and technically subject to Congressional disapproval. Only A Few Rule Amendments This Year. Unlike previous years, there are only four rule amendments expected to take effect on December 1, 2019. Here they are: Rule 4001(c) has been amended to clarify that Rule 4001(c ..read more
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In A Major Victory For Trademark Licensees, Supreme Court Holds That Rejection Of A Trademark License Does Not Terminate The Licensee’s Rights
In The (Red) | Business Bankruptcy Blog
by Bob Eisenbach
1y ago
A Big Answer To A Big Question. After dividing the courts for a number of years, we finally have the answer to the big question of whether rejection of a trademark license by a debtor-licensor deprives the licensee of the right to use the trademark. Here’s the question on which the Supreme Court granted certiorari in the Mission Product Holdings, Inc. v Tempnology, LLC case: Whether, under §365 of the Bankruptcy Code, a debtor-licensor’s “rejection” of a license agreement—which “constitutes a breach of such contract,” 11 U.S.C. §365(g)—terminates rights of the licensee that wo ..read more
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Official Bankruptcy Forms Revised To Reflect April 1, 2019 Dollar Amount Adjustments Now In Effect
In The (Red) | Business Bankruptcy Blog
by Bob Eisenbach
1y ago
As discussed in an earlier post called “Moving Up: Bankruptcy Code Dollar Amounts Will Increase On April 1, 2019,” various dollar amounts in the Bankruptcy Code and related statutory provisions were increased for cases filed on or after today, April 1, 2019. This information sheet has a list of all of the dollar amount changes now in effect. The official bankruptcy forms have also been revised to reflect these new dollar amounts. The updated forms include the official Proof of Claim form (the link has a copy of the revised form), as well as a number of other comm ..read more
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Today’s Supreme Court Oral Argument In Tempnology Is Over And Here’s What We Learned
In The (Red) | Business Bankruptcy Blog
by Bob Eisenbach
1y ago
The Supreme Court held oral argument earlier today in the Mission Products v. Tempnology case, on the issue of the effect of rejection by a licensor of a trademark license on the licensee’s rights. For the full background on the case and the arguments of the parties and amici, please read this post from last week. However, for quick reference, this is the question presented: Whether, under §365 of the Bankruptcy Code, a debtor-licensor’s “rejection” of a license agreement—which “constitutes a breach of such contract,” 11 U.S.C. §365(g)—terminates rights of the licensee that would&n ..read more
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