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    Trademark Licenses . . . Again (Update No. 4)
    2018-09-11

    Our May 23, June 28, July 13 and August 3 posts discuss

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Trademarks, Patterson Belknap Webb & Tyler LLP, Supreme Court of the United States, Seventh Circuit, First Circuit
    Authors:
    David W. Dykhouse
    Location:
    USA
    Firm:
    Patterson Belknap Webb & Tyler LLP
    Trademark Licenses . . . Again (Update No. 3)
    2018-08-03

    Our July 13 post stated that the deadline for the respondent in Mission Product Holdings, Inc. v. Tempnology, LLC, 879 F.3d 389 (1st Cir. 2018),petition for cert. filed, No. 17-1657 (June 11, 2018), to submit a reply to the petition for certiorari seeking reversal of the First Circuit’s 2-1 decision had been extended to August 8.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Trademarks, Patterson Belknap Webb & Tyler LLP, First Circuit
    Authors:
    David W. Dykhouse
    Location:
    USA
    Firm:
    Patterson Belknap Webb & Tyler LLP
    Trademark Licenses . . . Again (Update No. 1)
    2018-06-28

    Our January 22 post discussed “a long-running issue concerning the treatment of trademark licenses in bankruptcy” and its resolution in the January 12 decision of the First Circuit in Mission Product Holdings, Inc. v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Trademarks, Patterson Belknap Webb & Tyler LLP, Seventh Circuit, First Circuit
    Authors:
    David W. Dykhouse
    Location:
    USA
    Firm:
    Patterson Belknap Webb & Tyler LLP
    Supreme Court Is Asked To Leave Its Mark On Trademark Licensee’s Rights in Bankruptcy
    2018-06-19

    The Bottom Line

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Trademarks, Kramer Levin Naftalis & Frankel LLP, First Circuit
    Authors:
    Kelly E. Porcelli
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    Trademark Licensees in Limbo Again?
    2018-05-02

    After a January 2018 decision by the First Circuit Court of Appeals, trademark licensees are faced with uncertainty again. (In re Tempnology, LLC, 879 F.3d 389 (1st Cir. 2018)). In our previous update, we discussed a 7th Circuit case dealing with the same issue. At the time we predicted that the holding in the case may have resolved the issue. (Sunbeam Products, Inc. v. Chicago American Manufacturing, LLC, 686 F.3d 372 (7th Cir. 2012)). But that was wrong.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Trademarks, Masuda Funai Eifert & Mitchell Ltd, First Circuit
    Authors:
    Stephen M. Proctor
    Location:
    USA
    Firm:
    Masuda Funai Eifert & Mitchell Ltd
    First Circuit Rejects Fraudulent Transfer Attack on Lender’s Transfer of Asset Sales Proceeds
    2018-04-24

    A bankruptcy trustee could not “avoid [a] debtor’s transfer” of encumbered asset sale proceeds when the debtor holds the funds “as a mere disbursing agent [under] a contract that” restricted its use, held the U.S. Court of Appeals for the First Circuit on April 18, 2018. Keach v. Wheeling & Lake Erie Railway Co. (In re Montreal, Me. & Atl. Ry.), 2018 U.S. App. LEXIS 9772 *14 (1st Cir. Apr. 18, 2018).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Schulte Roth & Zabel LLP, First Circuit
    Authors:
    Michael L. Cook
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    Section 365(n) of the Code: The Intersection of Bankrupty and Intellectual Property
    2018-04-17

    What can a trademark licensee do when the licensor files for chapter 11 protection? The answer, at least for now, depends on where the debtor’s chapter 11 case is venued.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Trademarks, Fredrikson & Byron PA, First Circuit
    Authors:
    Cynthia A. Moyer
    Location:
    USA
    Firm:
    Fredrikson & Byron PA
    First Circuit Limits Scope of Jevic in Mooting Appeal of Unstayed Bankruptcy Sale Order
    2018-04-17

    In Czyzewski v. Jevic Holding Corp., 137 S. Ct. 973 (2017), the U.S. Supreme Court held that the Bankruptcy Code does not allow bankruptcy courts to approve distributions to creditors in a “structured dismissal” of a bankruptcy case which violate the Bankruptcy Code’s ordinary priority rules without the consent of creditors.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Supreme Court of the United States, First Circuit
    Authors:
    Caitlin K. Cahow
    Location:
    USA
    Firm:
    Jones Day
    Environmental Obligations in United States Bankruptcy Actions: An Analysis of Two Key Issue
    2018-04-06

    There are unique and competing interests between the United States Bankruptcy Code1 and federal and state environmental laws. One of the primary purposes of the Bankruptcy Code is to allow a debtor to have a "fresh start." On the other hand, environmental laws are intended to require responsible parties to comply with environmental standards for the protection of human health and the environment. As a result of these competing interests, there has been extensive litigation related to the interplay between the bankruptcy and environmental regimes.

    Filed under:
    USA, Environment & Climate Change, Insolvency & Restructuring, Litigation, K&L Gates LLP, US Environmental Protection Agency, United States bankruptcy court, Third Circuit, Sixth Circuit, US District Court for the Southern District of New York, First Circuit, US District Court for Western District of Pennsylvania
    Authors:
    Dawn M. Lamparello , Sven T. Nylen , Emily S. Tabak
    Location:
    USA
    Firm:
    K&L Gates LLP
    First Circuit Affirms Dismissal of Fraudulent Transfer and Fiduciary Duty Claims
    2018-03-28

    THE BANKING LAW JOURNAL

    First Circuit Affirms Dismissal of Fraudulent Transfer and Fiduciary Duty Claims

    Michael L. Cook* This article discusses a recent U.S. Court of Appeals for the First Circuit decision holding that the debt-financed purchase of a business was not a fraudulent transfer and did not violate the fiduciary duty of the company's directors.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, White Collar Crime, Schulte Roth & Zabel LLP, United States bankruptcy court, First Circuit
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP

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