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Agricultural Law and Taxation Blog
Key Farm Bankruptcy Modification on the Horizon?
OverviewUnder 1986 amendments to the Bankruptcy Act of 1978, Congress created Chapter 12 bankruptcies for “family farmers.” Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy Act of 1986, Pub.…
All About Advertising Law
Oh Won’t You Stay: The Exception to the Governmental Unit Exception to the Bankruptcy Code’s Automatic Stay
By Konstantina (Tina) A. Calabro, Rishi Kapoor
Clients sometimes ask whether filing bankruptcy can protect them from Federal Trade Commission scrutiny. The saga of Joseph Rensin and his company BlueHippo provides an opportunity to review the limited…
Bankruptcy & Restructuring Law
New Chapter 11 Filing – PES Holdings, LLC
By Cole Schotz
PES Holdings, LLC, along with seven of its affiliates, has filed a petition for relief under Chapter 11 of the Bankruptcy Code in the Bankruptcy Court for the District of Delaware…
Washington Energy Report
California Bankruptcy Judge Rules FERC Lacks Jurisdiction Over Abrogation of PG&E’s Wholesale Power Agreements
By Miriam Archibong, Elizabeth McCormick
On June 7, 2019, Judge Dennis Montali of the U.S. Bankruptcy Court of the Northern District of California San Francisco Division found that FERC’s finding that it had concurrent jurisdiction…
ILN IP Insider
Trademark License Rights Survive Rejection in Bankruptcy
By Joseph Cioffi, Brooke Erdos Singer of Davis+Gilbert LLP, Massimo Giugliano
Settling a circuit split, the U.S. Supreme Court, in an 8-1 decision, has concluded that a trademark licensee’s rights are not automatically terminated when a debtor in bankruptcy rejects the…
New Media and Technology Law Blog
On the Mark: Understanding the Supreme Court’s Latest Decision Regarding the Treatment of Trademark Licenses in Chapter 11
By Maja Zerjal, Steve Ma, Vincent Indelicato
On May 20, 2019, in Mission Product Holdings, Inc. v. Tempnology, LLC, 587 U.S. ___ (2019), the Supreme Court resolved an area of ongoing concern for parties to trademark licenses.…
Restructuring Globalview
Section 363(o) Implications: Bankruptcy Court Denies Debtor’s Request to Disband Consumer Creditors’ Committee
On May 17, 2019, the Bankruptcy Court for the Southern District of New York announced that the Official Committee of Consumer Creditors (the “Consumer Committee”) appointed in the In re…
NextGen Financial Services Report
Creditor Beware: Supreme Court Rejects “Good Faith” Defense to Violations of Bankruptcy Discharge Orders
By Dykema
Starting now, all creditors must exercise more caution when trying to collect against discharged bankruptcy debtors, because a creditor’s good faith belief that the discharge injunction did not apply is…
Incontestable Blog
Trademark Licenses Survive Bankruptcy, Says the Supreme Court
Can a trademark licensee continue using a licensed trademark (legally, that is) even after the licensor has declared bankruptcy and—as allowed by the Bankruptcy Code—rejected the licensing agreement? As the…
Supreme Court Update
Mission Product Holdings v. Tempnology, Inc. (No. 17-1657), Merck Sharp & Dohme v. Albrecht (No. 17-290), Herrera v. Wyoming (No 17-532)
By David R. Roth, Tadhg Dooley
Three more decisions to report this week, adding to the list we’ll be discussing next week at the New Haven Lawn Club. We’re grateful and excited to have Professors Kate…