Mark Salzberg

Blogs: eSQUIRE Global Crossings, Global IP & Technology Law Blog

Latest Articles

Dubai Makes Moves Toward International Best Practices with New Insolvency Law

By Tomas Cerdan, Mark Salzberg & Maura McIntyre on July 9, 2019

On May 30, 2019, Dubai’s ruler, Sheikh Mohammed bin Rashid al-Maktoum, signed DIFC Insolvency Law, Law No. 1 of 2019 (the “New Insolvency Law”) into law, thereby repealing and replacing DIFC Law No. 3 of 2009. The New Insolvency Law, and supporting regulations (the “Regulations”), became effective on June 13, 2019, and govern companies operating in the Dubai International Financial Centre (the “DIFC”). A full analysis of the New Insolvency Law is beyond the scope…

eSQUIRE Global Crossings

That Didn’t Take Long: Ninth Circuit’s Decision in Garvin v. Cook Invs. NW is Challenged

By Mark Salzberg on June 14, 2019

As noted in prior posts, the Ninth Circuit opened the door, albeit narrowly, to cannabis company bankruptcies when it issued its opinion in Garvin v. Cook Invs. NW on May 2, 2019. In Garvin, the Ninth Circuit affirmed the confirmation of a plan of reorganization proposed by the lessor to a marijuana growing operation. The Ninth Court adopted a narrow interpretation of section 1129(a)(3)’s confirmation requirement that a plan be proposed “not by any…

eSQUIRE Global Crossings

The Supreme Court Has Spoken: Victory for Trademark Licensees

By Mark Salzberg on May 20, 2019

Earlier today, the Supreme Court finally answered the question of whether a trademark licensee is protected when the trademark owner/licensor files a bankruptcy petition and rejects the trademark license in accordance with section 365 of the Bankruptcy Code. To cut to the chase, trademark licensees won.…

eSQUIRE Global Crossings

Ninth Circuit Gives A Partial Green Light to Cannabis Company Bankruptcies

By Mark Salzberg on May 2, 2019

Earlier today, the Ninth Circuit Court of Appeals issued its long-awaited ruling in the Garvin v. Cook Investments, NW, SPNYW case This opinion is certain to be of great interest to both companies operating in the cannabis space and those attorneys representing them. In Garvin, the US Trustee appealed confirmation of a plan of reorganization under which one of the debtors leased property to a marijuana grower licensed under Washington law. The US Trustee argued…

eSQUIRE Global Crossings

Bankruptcy Court Gives And Then Takes Away In Latest Stern-Related Ruling

By Mark Salzberg on April 5, 2019

What are the limits of a bankruptcy court’s authority to issue final orders and judgments? Does a bankruptcy court have authority under Article III of the U.S. Constitution to enter final orders in quintessential bankruptcy matters such as fraudulent transfer claims, or are the court’s powers more constrained? While the Supreme Court’s rulings in Stern v. Marshall, 546 U.S. 462 (2011), Executive Benefits Ins. Agency v. Arkison, 573 U.S. 25 (2014) and Wellness International Network,…

eSQUIRE Global Crossings

State Marijuana Laws vs. Bankruptcy: The Tension Grows

By Mark Salzberg on January 4, 2019

In prior posts, we examined whether state-licensed marijuana businesses, and those doing business with marijuana businesses, can seek relief under the Bankruptcy Code. As we noted, the Office of the United States Trustee (the “UST”) has taken the position that a marijuana business cannot seek bankruptcy relief because the business itself violates the Controlled Substances Act 21, U.S.C. §§ 801, et seq. (the “CSA”), notwithstanding their state licenses. The UST has also taken the position…

eSQUIRE Global Crossings

The Fifth Circuit Reminds Buyers To Beware Of Buying “Deemed Rejected” Contracts

By Mark Salzberg on December 5, 2018

The recent decision by the Fifth Circuit Court of Appeals in In re Provider Meds, L.L.C. is a stark reminder to chapter 7 trustees that they have an affirmative obligation to examine a debtor’s assets. A trustee’s failure to conduct a sufficient and timely examination may deprive the estate of significant value. The issue before the Court in Provider Meds was whether the assumption and assignment of an intellectual property license agreement (the “License Agreement”)…

Global IP & Technology Law Blog

Are Trademark Licensees Protected In A Licensor Bankruptcy?

By Mark Salzberg on December 2, 2018

The Supreme Court Is Now Poised to Answer This Question. Certain licensees of intellectual property are expressly given expanded rights when their licensors file bankruptcy. But, what about trademark licensees? Trademarks are not among the defined categories of “intellectual property” for bankruptcy purposes. Nonetheless, are trademark licensees otherwise protected in a licensor bankruptcy? The U.S. Supreme Court is poised to finally answer this question now that it has granted certiorari in Mission Product Holdings,…

eSQUIRE Global Crossings

The Supreme Court May Finally Give Guidance On Trademark Protections In Bankruptcy

By Mark Salzberg on November 5, 2018

In prior posts, we discussed the perplexing issue of how and whether a trademark licensee is protected when the trademark owner/licensor files a bankruptcy petition and moves to reject the trademark license in accordance with section 365 of the Bankruptcy Code. In January of this year, the First Circuit Court of Appeals issued its ruling in Mission Product Holdings, Inc. v. Tempnology, LLC, 879 F.3d 389 (2018), holding that a trademark licensee was not…

eSQUIRE Global Crossings

Third Circuit Makes Clear That Plan Releases Can Extend To Post-Confirmation Acts

By Mark Salzberg on September 17, 2018

We have discussed plan releases in prior posts. Oftentimes, disputes involving plan releases revolve around whether, and in what contexts, third-party releases in plans are appropriate. Recently, the Third Circuit Court of Appeals addressed the relatively unique question of whether releases in a confirmed plan are binding upon post-confirmation purchasers of the debtor’s stock. The Court’s decision in Arctic Glacier Int’l, Inc. puts buyers of a debtor’s claims and shares on notice that they…

Mark Salzberg

Dubai Makes Moves Toward International Best Practices with New Insolvency Law

That Didn’t Take Long: Ninth Circuit’s Decision in Garvin v. Cook Invs. NW is Challenged

The Supreme Court Has Spoken: Victory for Trademark Licensees

Ninth Circuit Gives A Partial Green Light to Cannabis Company Bankruptcies

Bankruptcy Court Gives And Then Takes Away In Latest Stern-Related Ruling

State Marijuana Laws vs. Bankruptcy: The Tension Grows

The Fifth Circuit Reminds Buyers To Beware Of Buying “Deemed Rejected” Contracts

Are Trademark Licensees Protected In A Licensor Bankruptcy?

The Supreme Court May Finally Give Guidance On Trademark Protections In Bankruptcy

Third Circuit Makes Clear That Plan Releases Can Extend To Post-Confirmation Acts

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