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Results: 1-10 of 53

Eurosail has the balance been redressed?

  • Latham & Watkins LLP
  • -
  • United Kingdom
  • -
  • May 15 2013

The Eurosail Supreme Court ruling of 9 May 2013 dismissed the appeal but simultaneously rejected the “point of no return” test relied upon by the

Hong Kong jurisdiction relating to cross border insolvency issues becomes increasingly clear

  • Latham & Watkins LLP
  • -
  • Hong Kong
  • -
  • April 22 2013

Companies with certain specific connections to Hong Kong are increasingly likely to fall under Hong Kong jurisdiction and Hong Kong's Companies

Bankruptcy Court signals that public pension obligations could be impaired in chapter 9 bankruptcy along with other creditors

  • Latham & Watkins LLP
  • -
  • USA
  • -
  • April 5 2013

On April 1, 2013, Judge Christopher Klein, Chief Judge of the United States Bankruptcy Court for the Eastern District of California, ruled that the

Delaware Bankruptcy Court confirms lock-up agreements are a valuable tool not a violation of the Bankruptcy Code

  • Latham & Watkins LLP
  • -
  • USA
  • -
  • February 13 2013

On January 31, 2013, the Bankruptcy Court for the District of Delaware issued an opinion that approved the confirmation of the proposed plan in In re

Revisiting venue: Patriot Coal and the “interest of justice”

  • Latham & Watkins LLP
  • -
  • USA
  • -
  • January 2 2013

On November 27, 2012, Judge Shelley C. Chapman of the United States Bankruptcy Court for the Southern District of New York issued an opinion in In re

Bad facts, good law? Important new circuit-level guidance on Chapter 15 recognition and enforcement of foreign reorganization orders

  • Latham & Watkins LLP
  • -
  • USA
  • -
  • December 20 2012

Recently, in In re Vitro S.A.B. de C.V., Consolidated Case No.’s 12-10542, 12-10689 and 12-10750, 2012 US App. LEXIS 24443 (5th Cir. Nov. 28, 2012) (Vitro) the United States Court of Appeals for the Fifth Circuit issued significant new guidance on chapter 15 of the Bankruptcy Code, which governs cross-border insolvencies

Circuit courts weigh in on treatment of trademark license agreements in bankruptcy

  • Latham & Watkins LLP
  • -
  • USA
  • -
  • December 12 2012

Recent bankruptcy appellate rulings have addressed the issue of what rights a trademark licensee has after a debtor-licensor rejects its trademark license in bankruptcy

Whether a particular trademark license agreement is an executory contract

  • Latham & Watkins LLP
  • -
  • USA
  • -
  • December 12 2012

In 1991, Exide Technologies sold substantially all of its industrial battery business to EnerSys Delaware, Inc. (then known as Yuasa Battery (America), Inc

Whether a licensor’s rejection of a trademark license deprives the licensee of the right to use the mark

  • Latham & Watkins LLP
  • -
  • USA
  • -
  • December 12 2012

Sunbeam Products, Inc. v. Chicago American Manufacturing, LLC20 In the Sunbeam Products case, the Seventh Circuit held that a trademark licensee could continue to use a trademark after the license was rejected by the debtorlicensor, even though the protections of section 365(n) of the Bankruptcy Code do not extend to licensees of trademarks

Potential strategies to protect the rights of trademark licensees

  • Latham & Watkins LLP
  • -
  • USA
  • -
  • December 12 2012

In light of the current uncertainty surrounding the rights of trademark licensees when a debtor-licensor seeks to reject the underlying license agreements in bankruptcy, licensees may wish to consider strategies to protect their rights

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