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    In a reversal, Eighth Circuit sitting en banc protects trademark licensee whose licensor went bankrupt
    2014-06-16

    Trademark Licenses At Risk. I have written a number of times on the blog about the impact of bankruptcy on trademark licenses, with a special focus on the risk that trademark licensees face if their licensors file bankruptcy.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Trademarks, Cooley LLP, Bankruptcy, Eighth Circuit
    Authors:
    Robert Eisenbach
    Location:
    USA
    Firm:
    Cooley LLP
    Contract remedies in the face of imminent default – what happens to state law adequate assurance and anticipatory breach in bankruptcy?
    2014-06-16

    In the approach to bankruptcy, struggling businesses may experience problems performing their contracts, and counterparties often see trouble on the horizon. What can a non-debtor counterparty do to protect itself? And how are its rights impaired when the debtor finally commences a bankruptcy case?

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy, Debtor, Breach of contract
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Supreme Court reaffirms role of bankruptcy courts in Arkison decision
    2014-06-16

    The case of Executive Benefits Insurance Agency v. Arkison (In re Bellingham Ins. Agency), No. 12- 1200, was easily one of the most closely watched bankruptcy cases in many years. Last week’s decision in that case, however, was far less dramatic than  some practitioners feared it might be. The Supreme Court answered two important questions regarding the power of bankruptcy courts that it left open three years ago in Stern v. Marshall.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Bankruptcy, Standard of review, Supreme Court of the United States, United States bankruptcy court
    Authors:
    Linda T. Coberly , Steffen N. Johnson , Elizabeth P. Papez , Benjamin L. Ellison
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Supreme Court approves procedure to consider certain "Stern" claims, while failing to address other issues raised by Stern decision
    2014-06-17

    On June 9, 2014, in Executive Benefits Insurance Agency v. Arkison (In re Bellingham Insurance Agency, Inc.),1 a much-anticipated decision, the Supreme Court addressed how bankruptcy courts should adjudicate so-called Stern claims. Stern claims are “core” claims over which bankruptcy courts have statutory authority to enter orders and judgments,2 but which authority the Supreme Court previously held in Stern v. Marshall3 was not permitted (at least with respect to certain issues) under Article III of the United States Constitution.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cahill Gordon & Reindel LLP, Standard of review, Article III US Constitution, Supreme Court of the United States, United States bankruptcy court
    Authors:
    Joel H. Levitin , Richard A. Stieglitz Jr.
    Location:
    USA
    Firm:
    Cahill Gordon & Reindel LLP
    Applying its Stern v. Marshall ruling on the power of bankruptcy courts, the U.S. Supreme Court issues a narrow decision in executive benefits case
    2014-06-10

    The Stern v. Marshall Decision. In its 2011 decision in Stern v. Marshall, decided by a 5-4 vote, the U.S. Supreme Court held that even though Congress designated certain state law counterclaims as “core” proceedings, Article III of the U.S. Constitution prohibits bankruptcy courts from finally adjudicating those claims. Stern v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cooley LLP, Supreme Court of the United States, Ninth Circuit, United States bankruptcy court
    Authors:
    Robert Eisenbach
    Location:
    USA
    Firm:
    Cooley LLP
    Supreme Court holds that fraudulent transfer and other “stern claims” are to be procedurally treated as “non-core” claims
    2014-06-11

    On June 9, 2014, the United States Supreme Court addressed an issue left open in Stern v. Marshall.1 Instead of bringing clarity to procedural confusion created by Stern, the Court’s opinion in Executive Benefits Insurance Agency v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Hunton Andrews Kurth LLP, Supreme Court of the United States, United States bankruptcy court
    Authors:
    David A. Zdunkewicz , Paul N. Silverstein
    Location:
    USA
    Firm:
    Hunton Andrews Kurth LLP
    The Supreme Court confirms that bankruptcy courts can issue proposed findings of fact and conclusions of law in Stern-type disputes
    2014-06-11

    On Monday, the Supreme Court confirmed1 that bankruptcy courts may hear “Stern-type” matters (such as tortious interference counterclaims) that relate to bankruptcy proceedings, so long as a district court reviews the bankruptcy court’s proposed findings and renders the final decision. Other questions left in the wake of Stern v. Marshall,2 however, remain unanswered and will continue to occupy the attention of parties to bankruptcy matters and courts alike.

    BACKGROUND: IN THE WAKE OF STERN V. MARSHALL

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Debevoise & Plimpton, Tortious interference, Supreme Court of the United States, Ninth Circuit, United States bankruptcy court
    Authors:
    Jasmine Ball , Richard F. Hahn , M. Natasha Labovitz , George E.B. Maguire , Shannon Rose Selden , My Chi To
    Location:
    USA
    Firm:
    Debevoise & Plimpton
    Supreme Court rules on bankruptcy courts’ constitutional authority, leaves key question unanswered
    2014-06-11

    On June 9, 2014, a unanimous Supreme Court issued the latest in a series of key rulings regarding the extent of a bankruptcy court’s constitutional authority.1 Notably, while Monday’s Executive Benefitsdecision answered one important question arising out of the Court’s 2011 decision in Stern v. Marshall,2 it also left the primary question that resulted in a split in the Circuit Courts of Appeals to be decided another day.

    The Aftermath of Stern v. Marshall

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Thompson Hine LLP, US Constitution, Article III US Constitution, Article I US Constitution, Supreme Court of the United States, Ninth Circuit, United States bankruptcy court
    Authors:
    Alan R. Lepene , Andrew L. Turscak, Jr. , James Henderson
    Location:
    USA
    Firm:
    Thompson Hine LLP
    How safe is the section 546(e) safe harbor? Part III: risk to the financial markets
    2014-06-11

    In Part II of this three-part entry, we mentioned that the District Court for

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Enron, Second Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Expect Mt. Gox bankruptcy to receive recognition in U.S.
    2014-06-12

    On June 18, 2014, the U.S. Bankruptcy Court in Dallas will consider whether to grant recognition to the insolvency case pending in Tokyo. Based on the pleadings filed last week, it is a virtual certainty that the court will enter an order granting recognition.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Perkins Coie LLP, Class action
    Authors:
    John D. Penn , Gary F. Eisenberg
    Location:
    USA
    Firm:
    Perkins Coie LLP

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