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For secured creditors, too late may be too little

USA - November 14 2013 In a recent advisory, we reported on an apparently favorable decision to secured creditors from the Fifth Circuit Court of Appeals that held that a...

Kevin J. Walsh.

What must a secured creditor do to get its due?

USA - September 16 2013 Last month, the Fifth Circuit Court of Appeals ruled that a secured creditor's claim survives bankruptcy where the secured creditor received notice...

Kevin J. Walsh.

To release or not to release if that is the question, what is the answer?

USA - April 5 2013 In a recent decision by the Bankruptcy Court for the District of Delaware, the court adopted a flexible approach to consensual third party releases...

Kevin J. Walsh.

How does bankruptcy affect rights under an agreement not to sue on patents?

USA - January 15 2013 When a debtor rejects an executory contract, Section 365(n) of the Bankruptcy Code allows a licensee of intellectual property to retain certain...

Kevin J. Walsh.

Stern v. Marshall: what does it really mean?

USA - July 24 2012 Since it was decided in June 2011, countless scholars and courts have weighed in on the impact and implications of the Supreme Court’s seminal opinion in Stern v. Marshall....

Richard E. Mikels.