This article considers the position of a company which is planning to take a licence of Intellectual Property (IP) critical to the development of a drug. What will happen to that licence if the licensor becomes insolvent? Can the licensee mitigate the risk through structuring and/or drafting of the licence? The licensee will need to be able to continue using the IP and monetary compensation for loss of that ability is unlikely to be an adequate remedy.

REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL AND THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE on the application of Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings The European Commission has published its report on the application of the EC Regulation on Insolvency Proceedings, together with proposals for amendments to the Regulation.

THE INTERNATIONAL SCENE: Finding Equity in the Ruins: U.K. Supreme Court Rules on Lehman Client-Money Claims (citation: Scott Cargill and Richard J. Corbi, Finding Equity in the Ruins: U.K. Supreme Court Rules on Lehman Client-Money Claims, XXXI ABI Journal 10, 32-33, 51, November 2012) - Richard J. Corbi, Scott Cargill

In March 2008 the author wrote an article on a Spanish bankruptcy case in which a client of his was (and still is) involved, concerning a Spanish company and its liquidators who “took the money and ran”, at least with the money they should have paid to his client. The author initiated legal proceedings against the liquidators in February 2005. By the time of writing the article in March 2008, he was still waiting for one of the many Madrid courts to be declared competent. In October 2008 that was decided by the appeals court of Madrid.

EUROPEAN UPDATE: English Schemes of Arrangement: A Tool for European Restructuring (citation: Adam Gallagher and Victoria Cromwell, English Schemes of Arrangement: A Tool for European Restructuring, XXXI ABI Journal 8, 38-39, 90-91, September 2012) - Adam Gallagher and Victoria Cromwell

The Academic Forum’s Sixth Joint Conference was a collaboration with the Nottingham Law School, located within the City of Nottingham in the East Midlands. The conference had as its theme: “Too Big to Fail? Large National and International Failures under the Spotlight”. The intention of proceedings was to chart major developments in recent years, particularly in light of the on-going financial crisis, with respect to the insolvency of major components of the banking, business and financial environments. After an introduction and welcome by....

Summer 2012

BUDDLE FINDLAY

 

June 2012

Legal update on Insolvency Law.

Bankruptcy Client Alert
August 2, 2012