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    Pacific Gas & Electric Bankruptcy Alert
    2019-07-03

    A recent ruling in the Pacific Gas and Electric Company (PG&E) bankruptcy proceeding highlights the risk to certain renewable energy projects from utility bankruptcy. In a June 7, 2019 ruling, the PG&E bankruptcy court denied the claim that Federal Energy Regulatory Commission (FERC) must approve any attempt by bankruptcy courts to reject (i.e., void) power project agreements (PPAs) between renewable project owners and utilities. This is in direct opposition to a FERC ruling that it does have this power.

    Filed under:
    USA, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Womble Bond Dickinson (US) LLP, Title 11 of the US Code
    Authors:
    Belton T. Zeigler
    Location:
    USA
    Firm:
    Womble Bond Dickinson (US) LLP
    Christopher Bolen & Taylor Ey Discuss Supreme Court Trademark Debate with IPWatchdog
    2019-02-26

    In Mission Product Holdings v. Tempnology LLC, the US Supreme Court will attempt to clarify the impact of bankruptcy proceedings on trademark licenses. The court will determine whether or not the rejection of a license in bankruptcy means the licensee’s right to the trademarks is terminated.

    Womble Bond Dickinson attorneys Christopher Bolen and Taylor Ey spoke with IPWatchdog on this issue, which the International Trademark Association (INTA) calls “the most significant unresolved legal issue in trademark licensing.”

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Trademarks, Womble Bond Dickinson (US) LLP
    Authors:
    Taylor Ey
    Location:
    USA
    Firm:
    Womble Bond Dickinson (US) LLP
    Whose Claim is it Anyway?
    2018-09-21

    Who is the real holder of a FCRA claim brought by a Chapter 7 debtor? That’s the question that confronted the Eastern District of Wisconsin recently in Kitchner v. Fiergola, 2018 WL 4473359 (E.D. Wis. Sept. 18, 2018).

    Under the facts of Kitchner, Plaintiff, Megan Kitchner, (“Kitchner”) alleged that the Kohn Law Firm of Milwaukee, Wisconsin (“Kohn”), violated the FCRA and the FDCPA by disclosing her credit score and credit report in a small-claims collection action filed on March 9, 2017.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Womble Bond Dickinson (US) LLP, Fair Debt Collection Practices Act 1977 (USA), Fair Credit Reporting Act 1970 (USA)
    Authors:
    B. Chad Ewing
    Location:
    USA
    Firm:
    Womble Bond Dickinson (US) LLP
    FTC amends Telemarketing Sales Rule
    2010-08-03

    FTC Amends Telemarketing Sales Rule: On July 29, 2010, the FTC announced new amendments to the Telemarketing Sales Rule that will prohibit debt relief companies from collecting advanced fees.

    Filed under:
    USA, Insolvency & Restructuring, Telecoms, Womble Bond Dickinson (US) LLP, Telemarketing, Advertising, Debt, Debt relief, Federal Trade Commission (USA)
    Location:
    USA
    Firm:
    Womble Bond Dickinson (US) LLP
    Collection against Collezione
    2010-08-17

    Two items of interest in the on-going saga of intellectual property enforcement against bankrupt Collezione Europa and its principals, Paul and Leonard Frankel.

    Filed under:
    USA, New Jersey, North Carolina, Copyrights, Insolvency & Restructuring, Litigation, Womble Bond Dickinson (US) LLP, Confidentiality, Bankruptcy, Interest, Discovery, Personal jurisdiction, Design patent, Trademark infringement, Default (law)
    Authors:
    Jacob S. Wharton
    Location:
    USA
    Firm:
    Womble Bond Dickinson (US) LLP
    Protecting trade creditors’ rights in bankruptcy
    2010-09-14

    The Bankruptcy Code provides several protections for parties that have supplied goods or services to a debtor on credit prior to the debtor’s bankruptcy petition date.

    Filed under:
    USA, Insolvency & Restructuring, Womble Bond Dickinson (US) LLP, Bankruptcy, Credit (finance), Debtor, Title 11 of the US Code
    Location:
    USA
    Firm:
    Womble Bond Dickinson (US) LLP
    Are domain names and telephone numbers property of the estate?
    2015-05-04

    The following Middle Market insight* originally appeared in the Spring 2015 edition of Disclosure Statement, the official publication of the Bankruptcy Section of the North Carolina Bar Association.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Womble Bond Dickinson (US) LLP, Bankruptcy, Domain name, Federal Reporter
    Authors:
    Jamie H. Stone
    Location:
    USA
    Firm:
    Womble Bond Dickinson (US) LLP
    United States Supreme Court holds that order denying plan confirmation is not immediately appealable
    2015-06-05

    On May 4, 2015, the Supreme Court for the United States unanimously held that an order denying confirmation of a plan is not a “final” order subject to immediate appeal as a matter of right.1 Although the Bullard decision involved a plan proposed under chapter 13 to title 11 of the United States Code, 11 U.S.C. §§ 101-1532 (the “Bankruptcy Code”), the holding is equally applicable to bankruptcy cases filed under chapter 11 of the Bankruptcy Code.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Womble Bond Dickinson (US) LLP, Supreme Court of the United States
    Location:
    USA
    Firm:
    Womble Bond Dickinson (US) LLP

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