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Supreme Court Holds Trademark License Not Terminated Upon Rejection in Bankruptcy

USA - May 23 2019 In an 8-1decision issued on May 20, the Supreme Court held that rejection of an executory trademark license agreement in a bankruptcy of the licensor...

Steven J. Reisman, Michael S. Hobel, Karen Artz Ash, Bret J. Danow.

Sears Canada Files for CCAA Protection: A Distressed Investor's Overview of US Bankruptcy and Canadian Insolvency Law

USA, Canada - July 25 2017 On June 22, Sears Canada Inc. ("Sears Canada") and certain affiliates1 (collectively, the "Sears Canada Group") sought and obtained insolvency...

Kimberly L. Broder, Darius J. Goldman.

Lehman Brothers Court Holds Swap Safe Harbor Protects ‘Flip’ Transactions

USA - July 8 2016 The bankruptcy court overseeing the Lehman Brothers chapter 11 cases rejected efforts by Lehman Brothers Special Financing Inc. (LBSF) to recover...

Ninth Circuit holds that debt can be recharacterized as equity

USA - June 5 2013 The US Court of Appeals for the Ninth Circuit recently resolved a split within the circuit when it held that a bankruptcy court has the power to...

Trademark licensee’s rights survive rejection of license in bankruptcy in Sunbeam decision

USA - July 17 2012 In reaction to a decision by the U.S. Court of Appeals for the Fourth Circuit, Lubrizol Enterprises, Inc. v. Richmond Metal Finishers, Inc., 756 F.2d 1043 (4th Cir. 1985), in which the court held that a licensee of patents, copyrights and trademarks loses its rights if the trustee or debtor in possession rejects a license under the Bankruptcy Code under which the debtor was the licensor, Congress enacted section 365(n) of the Bankruptcy Code (11 U.S.C. 365(n))....

Kenneth E. Noble, Craig A. Barbarosh, John P. Sieger, Karen Artz Ash.