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Manufacturers Commercial Bankruptcy

Nelson Mullins Riley & Scarborough LLP

Purdue Pharma Plan Blocked, Supreme Court Bars Third-Party Releases in Bankruptcy

A sharply divided U.S. Supreme Court has barred the issuance of non-consensual third-party releases in Chapter 11 Plans. In a 5-4 decision, the court held that “the bankruptcy code does not authorize a release and injunction...more

Goldberg Segalla

Certain State Actions Preliminarily Enjoined in Johnson & Johnson Bankruptcy Case

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United States Bankruptcy Court for the District of New Jersey, October 4, 2022 - The Asbestos Case Tracker has followed every step in Johnson & Johnson’s bankruptcy case. Recently, Plaintiff LTL Management (“Debtor”)...more

Foley & Lardner LLP

Protecting and Enforcing IP Rights in Bankruptcy: Five to Thrive (For Starters)

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When entering into a joint venture or other ongoing contractual relationship in which intellectual property (“IP”) is central to the value proposition, parties should hope for the best and plan for the worst. Bankruptcy for...more

Robins Kaplan LLP

Financial Daily Dose 2.18.2020 | Top Story: Apple Cuts Revenue Expectations and HSBC Axes Jobs as Coronavirus Infects Business...

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Apple announced that the coronavirus outbreak that’s brought Chinese manufacturing to a near-standstill and continues to spread around the world will affect its quarterly sales expectations.  The news makes Apple “one of the...more

Foley & Lardner LLP

Top Legal Issues Facing the Automotive Industry in 2020

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...The Impact of Emerging Technologies on Global Automotive Supply Chains - The intense focus on autonomous vehicles and electrification we see today shows no signs of slowing down: in the new automotive industry, every...more

Robins Kaplan LLP

Financial Daily Dose 1.6.2020 | Top Story: Oil Futures Jump as Concerns Deepen Over Mideast Volatility

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Oil jumped for a second straight day, with futures near $70/barrel as fallout from the U.S.’s drone-strike assassination of Iran’s Qassem Soleimani continues to raise “the prospect of disruptions in the world’s most important...more

Robins Kaplan LLP

Financial Daily Dose 11.13.2019 | Top Story: Buffeted by Changing Consumer Demands, Dean Foods Declares Bankruptcy

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Dean Foods, the largest milk company in the U.S., has filed for bankruptcy protection, a “fresh setback to a U.S. dairy industry struggling against declining U.S. milk consumption and rising competition.”  Industry experts...more

Hogan Lovells

Chain reaction: Managing financial risk and exposure in the automotive supply chain

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The rapid increases in demand for connected, electric, and hybrid vehicles – together with the associated infrastructure – means that effective cooperation among OEMs, suppliers, regulators, and other stakeholders is now more...more

Foley & Lardner LLP

Not All Creditors Are Created Equal: Critical Vendors and Bankruptcy

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Recent economic indicators suggest that the manufacturing industry in the United States has contracted and that the economy may be headed towards recession. Such news is cause for concern for both healthy and struggling...more

Robinson+Cole Health Law Diagnosis

DOJ Enters into $225 Million Settlement with Opioid Manufacturer to Resolve Criminal and Civil Investigations

On June 5, 2019, the Department of Justice (DOJ) announced a global settlement with Insys Therapeutics (Insys) that preliminarily resolves criminal and civil cases against the opioid manufacturer in a number of jurisdictions....more

Cadwalader, Wickersham & Taft LLP

Trademark Licensees’ Rights Survive Bankruptcy Rejection

In Mission Product Holdings, the Supreme Court Endorses “Rejection-as-Breach” Rule and Interprets Broadly the Contract Rights that Survive Rejection - On May 20, 2019, the United States Supreme Court resolved one of the...more

Ballard Spahr LLP

Supreme Court: Licensee's Right to Use Trademarks Survives Licensor's Rejection of Licensing Agreement in Bankruptcy

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The Supreme Court held this week that a debtor-licensor’s rejection of a trademark licensing agreement as an executory contract pursuant to section 365(a) of the Bankruptcy Code does not terminate the licensee’s rights to use...more

Dorsey & Whitney LLP

Mission Accomplished: Supreme Court Rules Licensees May Use Licensed Marks Following Rejection in Bankruptcy

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The U.S. Supreme Court has resolved a circuit split regarding the effect of a debtor-licensor’s rejection of a trademark license pursuant to the Bankruptcy Code. The Court’s decision is good news for trademark licensees, as...more

Weintraub Tobin

SCOTUS To Decide If Trademark Licensees Lose Their Rights When The Licensor Becomes Insolvent

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The Supreme Court has granted review in the matter known as Mission Product Holdings Inc. v. Tempnology LLC, No. 17-1657, where it will decide whether a licensee loses its right to use a licensed trademark if the licensor...more

Foley & Lardner LLP

Puerto Rico Case Highlights Need for Secured Parties to Adhere to Good Practices in Documenting Secured Transactions

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Manufacturers encounter financing statements in many contexts – as a borrower, as a supplier of goods sold on credit, as a seller in a leveraged acquisition, as a seller of equipment where financing is provided to the buyer...more

Foley & Lardner LLP

Trademarks, Bankruptcy, and Leverage: What Manufacturers and Other Trademark License Parties Should Know About A Potential...

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On February 20, 2019, the United States Supreme Court heard oral arguments in the case Mission Products, Inc. v. Tempnology, LLC. The case has important implications for manufacturers and other parties to trademark licenses...more

Robins Kaplan LLP

Your Daily Dose of Financial News

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California’s trouble-plagued Pacific Gas & Electric utility has filed for Chapter 11 bankruptcy, listing debts of more than $51.7 billion....more

Vedder Price

Global Transportation Finance Newsletter - August 2018

Vedder Price on

In This Issue: - EU Risk Retention Undertakings in U.S. General Equipment ABS: Evolving Market Practice - PDP Financing: An Overview - Tax Reform’s Impact on Transportation Finance Transactions EU Risk Retention...more

Shumaker, Loop & Kendrick, LLP

Client Alert: Managing Credit Risk in the Supply Chain

Companies expend substantial resources managing the credit risk of customers, to protect the value of their sales. Many companies, however, do not always apply credit risk analysis to its supply chain, focusing instead on...more

Robins Kaplan LLP

Your Daily Dose of Financial News

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Italy’s Alitalia has filed for bankruptcy yet again, the third filing in less than a decade, and it’s home country looks far less likely to bail out the troubled carrier this time around....more

Orrick, Herrington & Sutcliffe LLP

The World in US Courts: Orrick's Quarterly Review of Decisions Applying US Law to Global Business and Cross-Border Activities

Alien Tort Statute (ATS)/Political Question Doctrine/Foreign Sovereign Immunity Act (FSIA)/ Act of State Doctrine - District Court Dismisses ATS Claim Where Alleged Conduct in US was not Directly Linked to Injuries...more

Buchalter

The Impacts of South Korean Hanjin Shipping Co Ltd. Filing for Court Receivership

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South Korea’s Hanjin Shipping Co Ltd. filed for court receivership on Wednesday, August 31st in South Korea after losing the support of its banks, setting the stage for its assets to be frozen as West Coast ports deny access...more

Robinson+Cole Manufacturing Law Blog

Your Customer Just Declared Bankruptcy: Recent Decision That All Suppliers/Vendors Should Be Aware Of

Suppliers and vendors sometimes find themselves unpleasantly surprised by the bankruptcy of a customer, leaving a trail of unpaid invoices and little hope of recovery. To make matters worse, after licking their wounds and...more

Foley & Lardner LLP

Monitor Financial Distress in Your Supply Chain

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While American manufacturing has experienced a resurgence in recent years, some manufacturers continue to face challenges. Witness for example the recent chapter 11 filings of Colt, Boomerang Tube, and Everyware Global....more

Buchalter

When Your Customer Files Bankruptcy and Your Factor Has not Approved the Orders: Reclamation, Administrative Claims and Other...

Buchalter on

Consider the plight of a manufacturer of women’s blouses who sells to every major department store and specialty chain in the country. One of her highest volume customers is a 150 store chain of boutiques. Let’s call the...more

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