NDA Use Restrictions — Use With Caution
Much attention deservedly has been
focused on the recent Delaware Chancery and Supreme
Court decisions in the high-profile Vulcan/Martin
Marietta case where the courts found that a “use
restriction” in a confidentiality agreement
(i.e., a provision that limits the recipient’s
“use” of the disclosing party’s confidential information
to a specified purpose) could in certain circumstances
pr
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High bar to restraining collection of tax
In brief: A recent Supreme Court of
New South Wales decision, dismissing an application to restrain the Office
of State Revenue from recovering assessed taxes while the time to
challenge the assessments was still running, confirms the courts'
reluctance to interfere with the recovery of taxes.
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Rejecting Lubrizol, Seventh Circuit Expands Licensee Protections in Bankruptcy
Rejecting Lubrizol, Seventh Circuit Expands Licensee Protections in Bankruptcy
July 2012
On July 9, 2012, the United States Court of Appeals for the Seventh Circuit became the first federal appeals court to extend protections to licensees of debtor-owned trademarks whose license agreements are rejected in bankruptcy. The decision represents an important win for licensees of trademarks whose licensors become insolvent and, conversely, may substantially affect the value obtainable by a debtor for its trademark through a bankruptcy sale.
To read the full alert, please click here.
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First Circuit Limits Scope of “Commercially Reasonable” Security Measures and Broadens Liability of Banks for Fraudulent Transactions
July 2012
On July 3, 2012, the First Circuit Court of Appeals (the “Court of Appeals”), in Patco Constru. Co. v. People’s United Bank, No. 11-2031 (1st Cir.
In re Vitro: The Limits of Comity Under Chapter 15
On June 13, 2012, the United States Bankruptcy Court for the Northern District of Texas in the Chapter 15 case of Vitro, S.A.B. de C.V. refused to enforce an order entered by a Mexican court approving a reorganization plan under Mexican law.
SEC Adopts Final Compensation Committee Independence and Related Rules
SEC Adopts Final Compensation Committee Independence and Related Rules
KB Toys: Reintroducing Uncertainty Regarding Section 502(d) Disallowance for Transferred Claims
Key
Takeaway:
In
a recent decision in the Chapter 11 case of In re KB Toys,
Inc., the United States Bankruptcy Court for the District of
Delaware disallowed trade claims purchased post-petition by
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