Sixth Circuit Says, “I’m With the Underhills!”

November 19, 2014

You might recognize the last name “Underhill” from the 1980’s movie, Fletch. In the movie, the main character, Irwin “Fletch” Fletcher overhears snobby country club member Mr. Underhill speaking rudely to a waiter. To get revenge, Fletch famously tells the waiter he’s “with the Underhills” and proceeds to charge a Bloody Mary, a steak sandwich […]

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Thoughts on a New Age of Consent: What Does Consent Mean with Respect to Stern Claims?

November 18, 2014

“Will you, won’t you, will you, won’t you, won’t you join the dance?” – The Mock Turtle’s Song, Lewis Carroll’s Alice’s Adventures in Wonderland Vinny Gambini: Are you suuuuure? Mona Lisa Vito: I’m positive. – My Cousin Vinny By now, readers of the Weil Bankruptcy Blog should be familiar with the myriad issues raised in […]

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01-12-2015 – 01-13-2015: PLI’s IP Issues in Business Transactions 2015

November 18, 2014

Weil partners, Debra Dandeneau and Jeffrey Osterman will be participating in the upcoming PLI program, IP Issues in Business Transactions 2015, scheduled for January 12th and 13th at the New York Conference Center. Where: PLI New York Center, 1177 Avenue of the Americas, (2nd floor), entrance on 45th Street, New York, New York 10036. For […]

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Crumbs Bake Shop Finds Layers of Rights Under a Rejected Trademark License

November 17, 2014

As previously discussed here and here, section 365(n) of the Bankruptcy Code offers special protection for licensees of intellectual property. When a debtor-licensor rejects an intellectual property license, section 365(n) allows the licensee to elect to retain its rights under the license without binding the licensor to any continuing obligations.

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Bank of England’s New Strategy for Resolving Failing Financial Institutions

November 14, 2014

On 23 October 2014, the Bank of England published its strategy for resolving failing financial institutions in an orderly manner. The Bank of England’s new publication outlines the three stages of resolution – stabilisation, restructuring and exit from resolution – and sets out exactly how the Bank would use its “toolkit” of resolution measures in […]

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Free Trade, Comity, and the Bankruptcy Code

November 13, 2014

Those of us old enough to remember the passage of the North American Free Trade Agreement (or NAFTA) recall its promise of free movement of goods, services, persons, and capital between Canada, the United States, and Mexico, and greater economic prosperity in each of these countries. Regardless of whether you think that promise was fulfilled, […]

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Computers Are People Too: “The Computer Did It” Is No Defense to Violations of the Automatic Stay

November 12, 2014

“I’m sorry, Dave. I’m afraid I can’t do that.” – HAL 9000, 2001: A Space Odyssey The automatic stay set forth in section 362 of the Bankruptcy Code is one of the hallmarks of bankruptcy – if debtors are not afforded a breathing spell within which to organize their affairs, they stand little chance of […]

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