Strategies Relating to the US Bankruptcy Laws and Information Technology

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There are many issues that arise in connection with drafting, negotiating, and enforcing license terms and conditions respecting bankruptcy and related source code escrow provisions. This article focuses on §365(n) of the US Bankruptcy Code and several other sections of the US Bankruptcy Code that most affect information technology transactions, source code escrow agreements and strategies, and issues relating to the perfection of security interests in intellectual property and information technology under US law.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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