The liquidators of Lehman Brothers Australia are appealing a landmark Federal Court decision that found it liable for losses suffered by a number of local councils and charity groups.
Australia, Capital Markets, Insolvency & Restructuring, Litigation, King & Wood Mallesons, Breach of contract, Collateralized debt obligation, Lehman Brothers
Reversing both the bankruptcy court and the district court, the U.S. Court of Appeals for the Third Circuit held that a trademark licensing agreement had been substantially performed and was therefore not subject to rejection under §365(a) of the Bankruptcy Code. In re Exide Technologies, Case No. 08-1872 (3d Cir., June 1, 2010) (Roth, J.) (Ambro, J., concurring).
USA, Insolvency & Restructuring, Litigation, Trademarks, McDermott Will & Emery, Bankruptcy, Breach of contract, Liability (financial accounting), Concurring opinion, US Congress, US Code, United States bankruptcy court, Third Circuit