Communications & Media Bankruptcy

Read need-to-know updates, commentary, and analysis on Communications & Media issues written by leading professionals.
News & Analysis as of

“Crumbs” of Hope for Trademark Licensees

You are a trademark licensee, and your licensor suddenly declares bankruptcy. Then, to make matters worse, the bankruptcy trustee rejects your licensing agreement. What does this mean for you? Although intellectual...more

Phones for who? Focus on technology companies

PHONES 4U COLLAPSE: PART 1 Phones 4U Limited, the leading independent mobile phone retailer with an annual turnover of £1bn, went into administration on 15 September, closing all its 720 outlets and placing 5,596 jobs...more

Accountant and Attorney Liability Newsbrief - Fall 2014

In This Issue: - Attorneys’ E-mails to Client’s Independent Contractor May Be Protected by Attorney-Client Privilege - New York Appeals Court Decision Allows Predecessor Counsel to Place Equal Blame on Successor...more

Security Interests in Intellectual Property and Related Issues in Bankruptcy

Intellectual property (“IP”) can act as collateral to be pledged to secure an extension of credit. For example, a company that borrows money from a bank can pledge its patents as collateral for the loan. The bank (referred...more

Advertising Law - August 2014 #3

FTC: Telemarketing Sales Rule Ripe For Review - It’s time to review the Telemarketing Sales Rule, the Federal Trade Commission has announced. Enacted in 1995, the Telemarketing Sales Rule (the Rule) has been...more

Trademark License Not Subject To Rejection In Bankruptcy In Certain Circumstances

Pursuant to 11 U.S.C. § 365, a debtor or bankruptcy trustee has the option, subject to court approval, of electing one of the following three alternatives with respect to an executory contract: (a) assuming the contract, (b)...more

Seventh Circuit says Sherlock Holmes is still copyright-free

A district court decision declaring that the character of Sherlock Holmes is copyright-free was affirmed by the U.S. Court of Appeals for the Seventh Circuit in a unanimous decision written by Circuit Judge Richard Posner....more

Magic Words to Preserve an Interest in an IRU?

Previously on this Law Advisor, I questioned whether an IRU is really an IRU. In particular, after peeling back the layer of the IRU onion, what really is it? I suggested that an IRU is a capital lease with the right to quiet...more

Affairs of State: When States Are Creditors: Why § 525 Matters and Should Be Expanded

One of the pillars of a debtor’s fresh start is the anti-discrimination provisions of § 525 of the Bankruptcy Code, which codifies the U.S. Supreme Court’s decision in Perez v. Campbell. The Court held that two state statutes...more

"The Unsafe Harbor: The Tribune Decision and the Erosion of Bankruptcy Code Section 546(e)"

A 2013 court decision has cast doubts over the future scope of the U.S. Bankruptcy Code’s safe harbor protections against the reversal of settled securities transactions. If the ruling stemming from the Tribune Company...more

Steven Getman: Legal Links of interest for the week ending July 27

Steven Getman: Legal Links of interest for the week ending July 27 SUNDAY, JULY 28, 2013 Steven Getman, attorney, reports on some news stories about lawyers and the law in the past week: Cuomo signs bill to bolster...more

Bernstein Shur Business and Commercial Litigation Newsletter #28

We are pleased to present the 28th edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we highlight cases that address cloud-computing contacts as the basis for jurisdiction, clarification...more

Commercial Restructuring & Bankruptcy Alert - February 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

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)

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?

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

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

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...

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

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

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

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

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

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

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

37 Results
|
View per page
Page: of 2

Follow Communications & Media Updates on: