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Trademark Licensee May Continue Using Trademark Following Debtor’s Rejection of License Agreement, US Supreme Court Rules

Yesterday, in an 8-1 decision, the US Supreme Court held in Mission Product Holdings, Inc. v.

USA, Insolvency & Restructuring, Litigation, Trademarks, Mayer Brown
Debtor Is a Financial Institution for Purposes of Settlement Payment Safe Harbor, Rules Southern District of New York

On April 23, 2019, the United States District Court for the Southern District of New York, in fraudulent transfer litigation arising out of the 2007 leveraged buyout of the Tribune Company,1 ruled on one of the significant issues left unresolved by the US Supreme Court in its Merit Management decision last year.

USA, New York, Capital Markets, Insolvency & Restructuring, Litigation, Mayer Brown, Bankruptcy, Supreme Court of the United States, US District Court for the Southern District of New York
US Supreme Court Addresses Safe Harbor Under Bankruptcy Code

Merit Management Group, LP v. FTI Consulting, Inc., No. 16-784 (2018)

USA, Insolvency & Restructuring, Litigation, Mayer Brown, Supreme Court of the United States
Supreme Tax Court Abolishes German Restructuring Privilege

Cancellation of debt a key element of most restructurings generally triggers taxable income. The German tax authorities had issued an administrative decree (the "Tax Restructuring Decree" - Sanierungserlass), however, declaring that, upon the satisfaction of certain requirements and conditioned on forfeiture of any loss carry forwards, the cancellation of debt income ("CODI") would not be taxed.

Germany, Insolvency & Restructuring, Litigation, Tax, Weil Gotshal & Manges LLP