Bankruptcy, Communications & Media Law

Commercial Restructuring & Bankruptcy Alert - February 2013

by Peter Clark, Joseph Filloy, Joanne Finch, Marsha Houston, Jeanne Stancampiano Lofgren, Elizabeth McGovern, Charlotte Møller, Ann Pille, Christopher Rivas, Jared Roach, Richard Robinson, more +Brian Schenker, Alison Wickizer Toepp, Lauren Zabel | Reed Smith on 2/21/2013

In this Issue: - Lenders Beware - International Insolvency Laws: Will One Size Fit All? The Debate Continues - ‘Fair and Equitable’ Means More Than Amortization Schedule - Pre-Petition Security License...more

THQ Goes Down

by Derek Allen | Winthrop & Weinstine, P.A. on 12/28/2012

As 2012 winds down and we all recover from what I’m sure was a wonderful Festivus celebration (I know I’m still feeling the effects of a particularly bloody Feats of Strength and an overly ambitious Airing of Grievances...more

Links to Free Copies of Documents Filed in the Chapter 11 Bankruptcy Cases of THQ Inc. (District of Delaware, Case No. 12-13398)

by Randall Reese on 12/19/2012

Our newest website - www.courtreads.com - offers completely free access to over 150,000 documents filed in hundreds of the largest current corporate bankruptcy cases, including cases under chapter 9, chapter 11, and chapter...more

Whither Hostess Brands?

by Winthrop & Weinstine, P.A. on 11/19/2012

Most have probably heard today’s news that Hostess Brands is going out of business. This is sad news on many fronts, the most significant of which is the loss of livelihood for some 18,000 individuals....more

Collateral Value of FCC Broadcasting Licenses Less Uncertain After 10th Circuit Court of Appeals Ruling

by Poyner Spruill LLP on 11/5/2012

In its recent decision in Valley Bank and Trust Company v. Spectrum Scan, LLC (In re Tracy Broadcasting Corp.), the U.S. Court of Appeals for the 10th Circuit overturned lower court decisions that were casting serious doubt...more

Seventh Circuit: Bankruptcy Code's Definition of 'Intellectual Property' Does Not Include Trademarks

by Levenfeld Pearlstein on 10/9/2012

Originally published in the October 2012 issue of The Bankruptcy Strategist. Much has been written over the past 20-plus years, in court decisions and scholarly articles, about the omission of “trademarks” from the...more

"Rejection of Perpetual, Royalty-Free, Exclusive Trademark License Permitted by Eighth Circuit Ruling: Lewis Brothers Bakeries...

by Skadden, Arps, Slate, Meagher & Flom LLP on 10/1/2012

The U.S. Bankruptcy Code generally limits a Chapter 11 debtor-licensor’s ability to reject intellectual property licenses, but trademark licenses are not subject to such limitations. Trademark license agreements that are...more

Local Governments Facing Tough Times, Bankruptcy

by Peter Bauman - Senior Associate at Tharpe &... on 8/23/2012

What do Stockton, San Bernardino and Mammoth Lakes,California have in common? If you were thinking about warm weather, plenty of sunshine and the California lifestyle, you might be right, but that’s not the answer we’re...more

Sunbeam Decision Gives a Ray of Hope to Intellectual Property Licensees

by Mintz Levin - Bankruptcy, Restructuring &... on 7/27/2012

Licensees of intellectual property, especially trademarks, may breathe easier thanks to a Circuit-splitting decision authored by the Seventh Circuit Court of Appeals earlier this month. In Sunbeam Products, Inc. v. Chicago...more

Trademark Licensee’s Rights Survive Rejection of License in Bankruptcy in Sunbeam Decision

by Katten Muchin Rosenman LLP on 7/18/2012

In reaction to a decision by the U.S. Court of Appeals for the Fourth Circuit, Lubrizol Enterprises, Inc. v. Richmond Metal Finishers, Inc., 756 F.2d 1043 (4th Cir. 1985), in which the court held that a licensee of patents,...more

New Bankruptcy Case Alert: FiberTower Corporation

by Randall Reese on 7/17/2012

FiberTower Corporation (OTC: FTWRQ) FiberTower Network Services Corp. FiberTower Licensing Corp. and FiberTower Spectrum Holdings, LLC United States Bankruptcy Court, Northern District of Texas July 17,...more

Two Recent Decisions From Courts of Appeals Address Important Intellectual Property Issues in Bankruptcy

by Davis Wright Tremaine LLP on 7/12/2012

In the last two weeks, the 6th Circuit and 7th Circuit Court of Appeals each issued decisions on important intellectual property issues in bankruptcy. In the first decision, the 6th Circuit held that bankruptcy's...more

Seventh Circuit Strengthens Protection for IP Licenses in Bankruptcy

by Ropes & Gray LLP on 7/12/2012

On July 9, 2012, the United States Court of Appeals for the Seventh Circuit significantly strengthened the potential ability of licensees to trademarks, international intellectual property, and other rights to continue to...more

Sunbeam Products: 7th Circuit Says "No" to Lubrizol, "Yes" to Trademark Licensees in Bankruptcy Cases

by Foley & Lardner LLP on 7/11/2012

On July 9, 2012, the United States Court of Appeals for the Seventh Circuit issued a decision in Sunbeam Products, Inc. v. Chicago American Mfg., LLC (No. 11-3920), a case that addresses the effect of a bankruptcy trustee's...more

Points & Authorities - Spring 2012

by Buchalter Nemer on 5/20/2012

In This Issue: - Brinker: Meal and Rest Periods Clarified, But... - Dodd-Frank and Bankruptcy Law - New Faces: Points from the President - Celebrity Brands: To Wed or Not to Wed? - How Safe is your...more

Recoupment Affirmative Defense Not Extinguished by Debtor’s 363(f) Sale

by Cadwalader, Wickersham & Taft LLP on 5/2/2012

On March 30, 2012, Judge Sidney H. Stein of the District Court for the Southern District of New York held that a claimant’s affirmative defense of recoupment was not extinguished by the debtor’s section 363(f) sale. Hispanic...more

New York Bankruptcy Court Rejects Comity Based on Public Policy Exception to the Grant of Comity to Non-U.S. Orders

by Cadwalader, Wickersham & Taft LLP on 3/5/2012

In re Dr. Jurgen Toft, Case No. 11-1049 (ALG) (S.D.N.Y. Bank. Ct. 2011), a typically sound and erudite decision by the Bankruptcy Court in the Southern District of New York, is something of a close-to-must read for the...more

Coming Soon to a Store Near You...Tavern on the Green Ketchup?

by Winthrop & Weinstine, P.A. on 10/6/2011

There’s been a lot of ink spilled on Duets Blog about the long saga of the Tavern on the Green, here, here and here. The last we heard, back in March of 2010, was that a judge had ordered the cancellation of the trademark...more

Florida Telco Manufacturer plans Asset Sale in Bankruptcy

by Tampa Bay Bankruptcy Center, P.A. on 10/3/2011

Teltronics Inc, Florida’s telecommunications equipment manufacturer has filed for a Chapter 11 bankruptcy exit plan that includes selling off its assets. However, little has been revealed in the form of details about the...more

Securing a Loan to a Broadcaster, Part 2 - Bankruptcy Cases and Liens on Licenses

by Davis Wright Tremaine LLP on 9/6/2011

When an FCC licensee goes bankrupt, the question of how to treat the interests of secured lenders is the one that, from time to time, comes up for debate. Two recent cases deal with this issue – one appearing to be an...more

New Decision Confirms that Secured Creditors May Have Lien on Economic Value of FCC License

by Lowenstein Sandler LLP on 8/25/2011

In a recent decision1 involving TerreStar Networks, Inc., and its affiliates (“TerreStar” or the “Debtors”), the United States Bankruptcy Court for the Southern District of New York held that the Debtors’ noteholders held a...more

FCC Sets Limits on Use of Divestiture Trusts When Station Purchase Would Put Buyer in Violation of Multiple Ownership Rules

by Davis Wright Tremaine LLP on 8/2/2011

When one broadcast licensee company buys another, or when there is a restructuring of a company with broadcast ownership holdings that are grandfathered under current ownership rules, there often arises a need to divest...more

Handling Trademark Licensees in Bankruptcy: Part Two

by Oliver Herzfeld on 8/1/2011

This two-part article provides an overview of the main issues faced and decisions to be made by a trademark licensor whose licensee has filed for bankruptcy in the U.S. It covers the following four scenarios: (i) if the...more

The Future of Credit Counseling Industry State and Federal Regulation: A New Uniform Debt-Management Services Act, Other State...

by Venable LLP on 7/26/2011

Agenda -Introduction -State Law and Regulatory Developments –Common Themes in State Debt Adjusting Law Developments in 2011 -Revised Uniform-Debt Management Services Act -Other Developments -What...more

Handling Trademark Licensees in Bankruptcy

by Oliver Herzfeld on 6/1/2011