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Corporate minds do not all think alike: The Supreme Court affirms a purposive approach to the corporate attribution doctrine

Two recent Supreme Court of Canada decisions demonstrate that the corporate attribution doctrine is not a one-size-fits-all approach.

Canada, Company & Commercial, Insolvency & Restructuring, Litigation, McCarthy Tétrault LLP, Supreme Court of Canada
There’s Something About (Hail) Mary: Appeals of Sale Processes and Pre-Receivership Sale Agreements

Court approval of a sale process in receivership or Bankruptcy and Insolvency Act (“BIA”) proposal proceedings is generally a procedural order and objectors do not have an appeal as of right; they must seek leave and meet a high test in order obtain it. However, in Peakhill Capital Inc. v.

Canada, Ontario, Insolvency & Restructuring, Litigation, McCarthy Tétrault LLP
SCOTUS Rules Rejection of Trademark License in Bankruptcy Does Not Terminate Right to Use Mark

Decision is a Win for Trademark Licensees

USA, Insolvency & Restructuring, Litigation, Trademarks, ArentFox Schiff, Debtor, US Congress, Title 11 of the US Code, Supreme Court of the United States
Can You Lose a Licensed Mark in Bankruptcy? Reality and Considerations

What happens to the a licensee’s right to use a trademark if the licensor files for bankruptcy?

USA, Insolvency & Restructuring, Litigation, Trademarks, ArentFox Schiff, Bankruptcy, US Congress, First Circuit
Committees Have an Unconditional Right to Intervene...Subject to Certain Caveats

On September 22, 2017, the First Circuit issued a decision[1] holding that the Official Committee of Unsecured Creditors (the “UCC”) appointed in the Commonwealth of Puerto Rico’s Title III debt adjustment case[2] (the “Title III Case”) has an unrestricted right to i

USA, Insolvency & Restructuring, Litigation, ArentFox Schiff, Bankruptcy, Unsecured creditor, Third Circuit, First Circuit