Robert Eisenbach

Robert Eisenbach

Cooley LLP

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Blog: Amendments To The Federal Rules Of Bankruptcy Procedure Take Effect December 1, 2016

Just about every year changes are made to the rules that govern how bankruptcy cases are managed — the Federal Rules of Bankruptcy Procedure. The revisions address issues identified by an Advisory Committee made up of federal...more

12/1/2016 - Chapter 15 Commercial Bankruptcy Federal Rules of Bankruptcy Procedure New Amendments

Blog: A Beam Of Sun For Trademark Licensees: Another Appellate Court Holds Rejection Does Not Terminate A Trademark Licensee’s...

The In re Tempnology LLC bankruptcy case in New Hampshire has produced yet another important decision involving trademarks and Section 365(n) of the Bankruptcy Code. This time the decision is from the United States Bankruptcy...more

11/30/2016 - Bankruptcy Code Commercial Bankruptcy Intellectual Property Protection IP License Popular Section 365 Trademarks

Blog: Official Bankruptcy Forms Revised To Reflect April 1, 2016 Dollar Amount Adjustments Now In Effect

As discussed in an earlier post called “Going Up: Bankruptcy Code Dollar Amounts Will Increase On April 1, 2016,” various dollar amounts in the Bankruptcy Code and related statutory provisions were increased for cases filed...more

4/4/2016 - Bankruptcy Code Commercial Bankruptcy Consumer Bankruptcy Forms Proof of Claims

Blog: Going Up: Bankruptcy Code Dollar Amounts Will Increase On April 2016

An official notice from the Judicial Conference of the United States was just published announcing that certain dollar amounts in the Bankruptcy Code will be increased ever so slightly — only about 3% this time — for new...more

2/23/2016 - Bankruptcy Code Chapter 11 Chapter 13 Unsecured Debt

Blog: The Venture-Backed Company Running Out Of Cash: Fiduciary Duties And Wind Down Options

Many start-up companies backed by venture capital financing, especially those still in the development phase or which otherwise are not cash flow breakeven, at some point may face the prospect of running out of cash. Although...more

2/17/2016 - Commercial Bankruptcy Corporate Dissolution Fiduciary Duty Insolvency Venture Capital Young Lawyers

Blog: A Reminder Of The Limits Of Section 365(n)’s Licensee Protection

A decision last month by the U.S. Bankruptcy Court for the District of New Hampshire serves as a good reminder that, although helpful, Bankruptcy Code Section 365(n)’s protection for intellectual property licensees definitely...more

12/2/2015 - Bankruptcy Code Chapter 11 Commercial Bankruptcy Intellectual Property Protection IP License Section 365 Trademarks

Blog: Major Overhaul Of Federal Bankruptcy Forms, Plus An Accompanying Rule Amendment, To Take Effect December 2015

Almost every year, changes are made to the set of rules that govern how bankruptcy cases are managed — the Federal Rules of Bankruptcy Procedure. The changes address issues identified by an Advisory Committee made up of...more

11/18/2015 - Bankruptcy Reform Corporate Counsel Federal Rules of Bankruptcy Procedure Young Lawyers

All’s Wellness That Ends Well?: Supreme Court Permits Parties To Consent To Bankruptcy Court’s Entry Of Final Judgment On Stern...

The continuing saga of the impact of the U.S. Supreme Court’s Stern v. Marshall decision took a major turn Tuesday when the Court issued its ruling in the Wellness International Network, Limited v. Sharif case. Before...more

5/30/2015 - Article III Bankruptcy Code Final Judgment Judicial Authority SCOTUS Stern Claims Stern v Marshall Waivers Wellness International Network v Sharif

Blog: Mandatory Subordination: How Even A Money Judgment Can Be Treated Like Equity In Bankruptcy

When an insolvent entity files for bankruptcy, it can be tough to be a creditor. But holding equity — stock in a corporation or a membership interest in an LLC, a limited liability company — can be even worse. ...more

4/15/2015 - Bankruptcy Code Commercial Bankruptcy Equity Claims Judgment Creditors Subordination

Blog: Trump Card: Delaware Bankruptcy Court Deals Trademark Owner The Winning Hand Over A Debtor Licensee

Risky Business. When a debtor is a licensee under a trademark license agreement, does it risk losing those license rights when it files bankruptcy? The question had not been answered in a Delaware bankruptcy case until Judge...more

3/19/2015 - Chapter 11 Commercial Bankruptcy Donald Trump License Agreements Trademarks

Blog: You Say You Want A Dissolution: An Overview Of The Formal Corporate Wind Down

Winding Down. If a corporation’s board of directors decides that the business needs to be wound down, there are a number of legal paths to consider. ...more

2/25/2015 - Board of Directors Corporate Dissolution Corporate Governance Winding Down

Blog: What Did The ABI Chapter 11 Commission Recommend On Intellectual Property Licenses And Bankruptcy Issues?

The American Bankruptcy Institute‘s Commission to Study the Reform of Chapter 11 issued its report last week, capping more than two years of hearings, meetings, and hard work. Having had the honor of testifying before the...more

12/17/2014 - Chapter 11 Commercial Bankruptcy License Agreements Licenses

Blog: Amendments To The Federal Rules Of Bankruptcy Procedure, Including One Shortening The Time For Serving A Summons, Take...

Almost every year, changes are made to the set of rules that govern how bankruptcy cases are managed — the Federal Rules of Bankruptcy Procedure. The changes address issues identified by an Advisory Committee made up of...more

12/2/2014 - Amended Legislation Appeals Deadlines Federal Rules of Bankruptcy Procedure Service of Process Summons

Blog: The Trend Of Protecting Trademark Licensees In Bankruptcy Continues: For The First Time A Court Extends Section 365(n)...

The latest example comes in the Crumbs Bake Shop, Inc. Chapter 11 bankruptcy case in New Jersey. On October 31, 2014, Judge Michael B. Kaplan of the U.S. Bankruptcy Court for the District of New Jersey rejected a motion by...more

11/11/2014 - Chapter 11 Commercial Bankruptcy Licenses Trademark Litigation Trademarks

Blog: U.S. Supreme Court Denies Review In Jaffe v. Samsung, Letting Stand The Fourth Circuit’s Decision Applying Section 365(n) To...

On Monday, October 6, 2014, the U.S. Supreme Court issued an order denying the petition for a writ of certiorari in the Jaffe v. Samsung case, also known as the Qimonda case. The Supreme Court let stand the Fourth Circuit’s...more

10/7/2014 - Chapter 15 Commercial Bankruptcy Cross-Border Samsung SCOTUS

Bankruptcy and Intellectual Property: Trademark Licenses, Chapter 15, and Pending Legislation

Introduction - Recent cases have addressed the interplay between intellectual property and bankruptcy, including trademark licenses and Section 365(n)’s application in Chapter 15 cases. Proposed legislation could...more

9/10/2014 - Bankruptcy Code Chapter 15 Commercial Bankruptcy Executory Contracts License Agreements Pending Legislation Popular Trademarks

A Key Customer Filed for Bankruptcy: Should You Keep Doing Business With Them?

When a key customer files bankruptcy, one of the first questions you will face is whether to keep doing business or end the relationship. (Another key question is making sure your pre-bankruptcy claim gets on file or...more

7/28/2014 - Chapter 11 Commercial Bankruptcy Popular

Why Creditors Can’t Afford To Ignore Objections To Bankruptcy Claims

File And Forget? When a customer or other party with which you do business files bankruptcy, it’s important to file a proof of claim on time by the deadline (also known as a “bar date”) set in the case. Once you do, however,...more

7/2/2014 - Consumer Bankruptcy Creditors Debtors Proof of Claims

Rejecting Jewel v. Boxer, The District Court’s Heller Decision Is A Potential Knock-Out Punch Against Unfinished Business Claims...

The Order Re Summary Judgment issued on June 11, 2014 by Judge Charles R. Breyer of the U.S. District Court for the Northern District of California in the Heller Ehrman LLP bankruptcy case may prove to be a knock-out punch...more

7/1/2014 - Commercial Bankruptcy Law Firm Partners Summary Judgment

Patent Reform Bill, And Its Revisions To Bankruptcy Code Section 365(n), Stalls In The Senate

In December 2013 I wrote about the Innovation Act, H.R. 3309, a bill focused on patent infringement litigation and other patent law reforms that passed the House of Representatives on a bipartisan basis. My interest in the...more

5/22/2014 - Bankruptcy Code Innovation Act License Agreements Patent Reform Patents Section 365

What The U.S. Supreme Court’s Unamimous Decision In A Homestead Exemption Case Says About The Power Of Bankruptcy Courts In...

It seems that most bankruptcy decisions by the U.S. Supreme Court involve individual debtors, and the Supreme Court’s latest opinion is no exception. Even though the decision is not in a business bankruptcy case, it examines...more

3/5/2014 - 363 Sales Bankruptcy Code Chapter 7 Homestead Exemption SCOTUS

Innovation Act, Passed By The House, Would Make Major Changes To Section 365(n)’s IP Licensee Protections

It isn’t law yet, but on December 5, 2013, the U.S. House of Representatives passed a significant patent reform bill known as the "Innovation Act." Although the focus of the legislation is on patent infringement litigation...more

12/17/2013 - Bankruptcy Code Innovation Act License Agreements Patent Infringement Patent Reform Patents Section 365 Service Marks Trade Names Trademarks

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