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    Qimonda ruling protects licensees of U.S. patents, holding that application of German insolvency law to cancel licenses is “manifestly contrary” to U.S. public policy
    2011-11-07

    In a case of first impression, a U.S. bankruptcy court charged with enforcing the rights of a foreign insolvency administrator against assets in the United States has held that foreign insolvency law may not be invoked to cancel the rights of licensees of U.S. patents.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Patents, Ropes & Gray LLP, Royalty payment, Bankruptcy, Debtor, Substantive law, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Edward G. Black , Tony Horspool , David M. McIntosh , James M. Wilton
    Location:
    USA
    Firm:
    Ropes & Gray LLP
    Picard cannot make it so: Madoff trustee’s recoveries curtailed again
    2011-11-08

    In a client advisory sent by our office a few months ago, we described a decision in the Madoff saga in which the District Court for the Southern District of New York (the Court) closed off a potential avenue of significant recovery for the Madoff Trustee (the Trustee) and the Ponzi scheme victims by denying the Trustee standing to pursue certain claims against feeder funds – firms that sent investors’ funds to Madof

    Filed under:
    USA, New York, Capital Markets, Insolvency & Restructuring, Litigation, White Collar Crime, Mintz, Bankruptcy, Security (finance), Fraud, Safe harbor (law), Standing (law), Good faith, Due diligence, Bad faith, Common law, JPMorgan Chase, UBS, Westlaw, Title 11 of the US Code, Trustee, US District Court for the Southern District of New York
    Location:
    USA
    Firm:
    Mintz
    Weathering the storm: Qimonda, patent licenses and § 365(n)
    2011-11-08

    On October 28, 2011, the United States Bankruptcy Court for the Eastern District of Virginia issued an opinion in the Chapter 15 case of Qimonda AG (“Qimonda”).1 The bankruptcy court held that the application of § 365(n) to executory licenses to U.S. patents was required to sufficiently protect the interests of U.S. patent licensees under Chapter 15 of the Bankruptcy Code and that the failure of German insolvency law to protect patent licensees was “manifestly contrary” to United States public policy.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Patents, Haynes and Boone LLP, Royalty payment, Bankruptcy, Debtor, Patent infringement, Discrimination, Testimony, Samsung, Title 11 of the US Code, United States bankruptcy court, US District Court for Eastern District of Virginia
    Authors:
    Robin E. Phelan , Randall E. Colson , Andrew S. Ehmke , Autumn D. Highsmith
    Location:
    USA
    Firm:
    Haynes and Boone LLP
    Arizona insurance department places PMI Mortgage Insurance Company into receivership
    2011-11-08

    On October 20, 2011, the Director of the Arizona Department of Insurance filed a Complaint to place PMI Mortgage Insurance Company (PMI) into receivership in Arizona. In an interim Order, the court required the director, as Receiver, to take possession and control of PMI, which had been under the formal supervision of the insurance department since August 19, 2011. The court also directed that certain related affiliates of PMI be placed under administrative supervision.

    Filed under:
    USA, Arizona, Banking, Insolvency & Restructuring, Insurance, Reed Smith LLP, Bankruptcy, Debtor, Interest, Debt, Mortgage loan, Liability (financial accounting), Reinsurance, Liquidation, Default (finance), Form 8-K, Delaware General Corporation Law, United States bankruptcy court
    Location:
    USA
    Firm:
    Reed Smith LLP
    A Pennsylvania district court finds that a non-compete agreement is not subject to automatic stay in bankruptcy
    2011-11-08

    Once triggered by a debtor's bankruptcy petition, the automatic stay suspends a parties' right to commence or continue an action against property of the debtor’s estate. In general, a party can seek relief from the automatic stay for a variety of reasons, including for cause, lack of adequate protection or that the debtor has no equity in the property and the property is not necessary for reorganization. In a case of first impression, a district court in Pennsylvania has found that an injunction enforcing a non-compete provision in a franchise agreement was not a "claim" against t

    Filed under:
    USA, Pennsylvania, Employment & Labor, Insolvency & Restructuring, Litigation, Seyfarth Shaw LLP, Bankruptcy, Debtor, Injunction, Preliminary injunction, Non-competes, Cease and desist, Franchise agreement, United States bankruptcy court
    Location:
    USA
    Firm:
    Seyfarth Shaw LLP
    Weathering the storm: can executory contracts have multiple personalities? The Fifth Circuit finds an asset purchase agreement amended an ERISA plan
    2011-11-03

    Rejection of a contract in bankruptcy may not always accomplish a debtor’s goal to shed ongoing contractual obligations and liabilities, especially when dealing with employee benefit plans. On October 13, 2011, the Fifth Circuit Court of Appeals highlighted this issue in its opinion in Evans v. Sterling Chemicals, Inc.1 regarding the treatment of a pre-bankruptcy asset purchase agreement which contained a provision addressing the debtor-acquiror’s post-closing ERISA retiree benefit plan obligations to its new employees resulting from the transaction.

    Filed under:
    USA, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Haynes and Boone LLP, Bankruptcy, Employee Retirement Income Security Act 1974 (USA), Debtor, Board of directors, Retirement, Life insurance, Liability (financial accounting), Halliburton, United States bankruptcy court, Fifth Circuit
    Authors:
    Greta E. Cowart , Michael E. Foreman , W. Abigail Ottmers , Debra Gatison Hatter , Stephen Pezanosky
    Location:
    USA
    Firm:
    Haynes and Boone LLP
    This week in securities litigation (November 4, 2011)
    2011-11-04

    The rapid collapse of MF Global into bankruptcy amid claims that millions of dollars in customer funds is a key focus for the SEC and CFTC as well as SIPIC this week. Speculation over the outcome of the hearings before Judge Rakoff on the SEC’s settlement with Citigroup is also a key topic in securities litigation this week.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, White Collar Crime, Dorsey & Whitney LLP, Share (finance), Bankruptcy, Injunction, Security (finance), Fraud, Subprime lending, Mortgage-backed security, Securities fraud, US Securities and Exchange Commission, Commodity Futures Trading Commission (USA), Janus Capital Group, Securities Act 1933 (USA)
    Authors:
    Thomas O. Gorman
    Location:
    USA
    Firm:
    Dorsey & Whitney LLP
    Allstate RMBS suit against Credit Suisse remanded to New York State Court
    2011-10-31

    Judge Buchwald of the U.S.

    Filed under:
    USA, New York, Banking, Capital Markets, Insolvency & Restructuring, Litigation, Orrick, Herrington & Sutcliffe LLP, Bankruptcy, Remand (court procedure), Credit Suisse
    Location:
    USA
    Firm:
    Orrick, Herrington & Sutcliffe LLP
    Junior noteholder gets “ZING’d” as Bankruptcy Court allows involuntary filing of CDO issuer by senior noteholder
    2011-10-31

    The Bottom Line:

    Filed under:
    USA, New Jersey, Insolvency & Restructuring, Litigation, Securitization & Structured Finance, Kramer Levin Naftalis & Frankel LLP, Bankruptcy, Debtor, Collateral (finance), Security (finance), Liquidation, Collateralized debt obligation, Bank of New York Mellon, Trustee, United States bankruptcy court, US District Court for District of New Jersey
    Authors:
    Lauren Macksoud
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    Bankruptcy Court partially grants objections arising out of captive reinsurance program
    2011-11-02

    Frontier Insurance, in rehabilitation, filed proofs of claim following the Chapter 11 bankruptcy of Black, Davis & Shue Agency. The claims related to captive reinsurance program with Frontier. In turn, Westport Insurance, which had issued a professional liability insurance policy to BDS, objected to Frontier’s claims, asserting affirmative defenses and counterclaims. Frontier moved to dismiss those objections, or in the alternative, for a stay pending a ruling on BDS’s own objections to Frontier’s claims.

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Litigation, Jorden Burt LLP, Bankruptcy, Interest, Standing (law), Negligence, Reinsurance, Involuntary dismissal, Computer program, Professional liability insurance, United States bankruptcy court
    Authors:
    John Black
    Location:
    USA
    Firm:
    Jorden Burt LLP

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