News & Analysis as of

Breach of Contract Exclusions

Zelle  LLP

Any is Not All and The Future is Not Now: The Contours of the Cosmetic Damage Exclusion Taking Shape

Zelle LLP on

In Iyengar v. Liberty Insurance Corporation, No. SA-21-CV-1091-FB, 2024 WL 5505300 (W.D. Tex. Dec. 13, 2024), District Judge Biery denied Plaintiffs’ Motion for Clarification regarding Magistrate Judge Bemporad’s...more

Cooley LLP

Court of Appeal Split on Scope of Exclusion Clause

Cooley LLP on

In EE Ltd v. Virgin Mobile Telecoms Ltd, the Court of Appeal upheld the High Court’s decision that EE’s claim against Virgin was excluded under the terms of the parties’ telecommunications supply agreement. While the decision...more

Gray Reed

Manufacturing Matters: Controlling Construction Costs

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Manufacturing construction is anticipating an uptick in 2025 with expected domestic economic protections and the continued consumer demand. Texas will remain a hotbed for this activity with continued business relocations,...more

Wiley Rein LLP

Breach of Contract Exclusion Precludes Duty to Defend Vendor’s Claim Against Travel Agency for Non-Payment

Wiley Rein LLP on

The United States District Court for the Middle District of Florida has held that an E&O insurer has no duty to defend an arbitration proceeding seeking to recover amounts owed under contract because the policy’s breach of...more

Wiley Rein LLP

California Court Finds Insolvency Exclusion Ambiguous, Limits Application to Insolvency of Third Parties Other Than Claimant

Wiley Rein LLP on

A California federal district court, applying California law, has held that an insolvency exclusion in a bankers’ professional liability policy did not bar coverage for a lawsuit filed by a receiver against a bank, finding...more

Wiley Rein LLP

Breach of Contract Exclusion Does Not Bar Coverage for Underlying Arbitration Award Against an Insured for Negligent...

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The First District Court of Appeal for the State of Florida, applying Texas law, affirmed a trial court’s order that held a breach of contract exclusion does not bar coverage for an underlying arbitration award against an...more

Wiley Rein LLP

Contract Exclusion Bars Coverage for Fraudulent Representation and Concealment Claims Arising from Purchase and Lease Agreements

Wiley Rein LLP on

The United States District Court for the Central District of California, applying California law, has held that the contract exclusion of a private equity liability policy bars coverage for a lawsuit alleging fraudulent...more

Lowenstein Sandler LLP

Reps & Warranties Insurance: Five Myths Dispelled

Lowenstein Sandler LLP on

For several years, buyers and sellers in M&A deals have been turning to representations and warranties (R&W) insurance to allocate risk–and they continue to do so during these unprecedented times. Yet, despite the increasing...more

Weintraub Tobin

Time to Get Down to Business: Change in Eviction Notice Requirements Now in Effect

Weintraub Tobin on

As you may know, late last year, California Governor Jerry Brown signed Assembly Bill 2343, which changes the long-standing notice requirements that apply before a landlord can pursue an unlawful detainer action against a...more

Jones Day

The U.S. Supreme Court Rules That Rejection of a Trademark License Agreement in Bankruptcy Does Not Strip the Licensee of Its...

Jones Day on

In Mission Product Holdings, Inc. v. Tempnology, LLC, 139 S. Ct. 652, 2019 WL 2166392 (U.S. May 20, 2019), the U.S. Supreme Court ruled that the rejection in bankruptcy of a trademark license agreement, which constitutes a...more

Ward and Smith, P.A.

Supreme Court: Rejection of a Trademark License by a Bankrupt Licensor Doesn't Terminate the License

Ward and Smith, P.A. on

What happens if you are a trademark licensee and your licensor files for bankruptcy protection? Can the licensor unilaterally terminate your license and prohibit you from using the license – even if you're in the middle of...more

Harris Beach Murtha PLLC

Supreme Court Brings Protections to Licensees of Trademarks

The United States Supreme Court has rendered a decision that represents a victory for licensees of trademarks throughout the country when faced with a bankrupt licensor....more

Patterson Belknap Webb & Tyler LLP

Trademark Licenses . . . Again (Update No. 8): The Supreme Court Decides! (Part 2)

Our May 22 post reported on the Supreme Court’s May 20 decision in Mission Product Holdings, Inc. v. Tempnology, LLC,[1] an 8-1 decision holding that the rejection of a trademark license in which the debtor is the licensor...more

McDermott Will & Emery

Supreme Court Addresses Effects of Trademark License Rejection in Bankruptcy

McDermott Will & Emery on

In an 8–1 decision, the Supreme Court of the United States reversed the US Court of Appeals for the First Circuit and held that rejection of a trademark license in bankruptcy constitutes a breach of the license agreement,...more

Mintz - Intellectual Property Viewpoints

U.S. Supreme Court Adopts Rule Protecting a Trademark Licensee’s Ability to Use a Trademark after a Bankrupt Licensor’s Rejection...

This past May, in a highly-anticipated decision, the Supreme Court held in Mission Product Holdings, Inc. v. Tempnology, LLC that a debtor’s rejection of an executory contract under Section 365 of the Bankruptcy Code has the...more

Foley & Lardner LLP

Preserving and Protecting Value Following the Recent Supreme Court Decision Shifting the Landscape on Intellectual Property...

Foley & Lardner LLP on

In May 2019, the U.S. Supreme Court decided the Mission Product Holdings, Inc. v. Tempnology, LLC case. The Mission Products Holdings decision provides a reminder to intellectual property license parties that periodic review...more

Latham & Watkins LLP

US Supreme Court Clarifies Treatment of Rejected Trademark Licenses and Other Executory Contracts in Bankruptcy

Latham & Watkins LLP on

The Supreme Court holds that a debtor’s rejection of an executory contract in bankruptcy constitutes a breach. Introduction - In Mission Product Holdings, Inc. v. Tempnology, LLC (Tempnology), the US Supreme Court...more

Eversheds Sutherland (US) LLP

When bankruptcy law and trademark licensing intersect - The Supreme Court’s decision in Mission Product Holdings Inc. v....

On May 20, 2019, the US Supreme Court clarified that when a trademark licensor rejects a trademark license agreement in a Chapter 11 bankruptcy proceeding, the rejection does not rescind the use rights of the licensee under...more

International Lawyers Network

Trademark License Rights Survive Rejection in Bankruptcy

Settling a circuit split, the U.S. Supreme Court, in an 8-1 decision, has concluded that a trademark licensee’s rights are not automatically terminated when a debtor in bankruptcy rejects the license agreement. The...more

Perkins Coie

Supreme Court Shields Trademark License From Licensor’s Rejection in Bankruptcy Court

Perkins Coie on

The U.S. Supreme Court’s recent decision in Mission Product Holdings, Inc. v. Tempnology, LLC, 139 S. Ct. 1652 (2019) that a trademark licensor’s rejection of a trademark license does not terminate the licensee’s right to use...more

Herbert Smith Freehills Kramer

Supreme Court Holds That Trademark Licensor’s Rejection Does Not Rescind or Terminate License

On May 20, 2019, in Mission Product Holdings, Inc. v. Tempnology, LLC, 587 U.S. ---, 139 S. Ct. 1652 (2019), the Supreme Court resolved a split among the circuits, holding that a licensor’s rejection of a trademark license in...more

Carlton Fields

Supreme Court: Trademark Owner in Bankruptcy Can’t Cancel Its Trademark Licenses

Carlton Fields on

What happens to the business of a trademark licensee when the licensor goes bankrupt has always been an uncertain gray area....more

Proskauer - New Media & Technology

On the Mark: Understanding the Supreme Court’s Latest Decision Regarding the Treatment of Trademark Licenses in Chapter 11

On May 20, 2019, in Mission Product Holdings, Inc. v. Tempnology, LLC, 587 U.S. ___ (2019), the Supreme Court resolved an area of ongoing concern for parties to trademark licenses. The court addressed a circuit split on...more

White & Case LLP

Supreme Court Clarifies Effects of Bankruptcy on Trademark Licenses

White & Case LLP on

On May 20, 2019, the Supreme Court held in Mission Products Holdings, Inc. v. Tempnology, LLC that a debtor-licensor's rejection of a trademark license agreement does not "deprive the licensee of its rights to use the...more

Bradley Arant Boult Cummings LLP

Supreme Court Says Rejection of Trademark License in Bankruptcy Acts as a Breach, Creditor-Licensor Can Retain Licensed Rights -...

The Supreme Court reminded bankrupt debtors on Monday that mere rejection of a contract does not turn back the clock to avoid contractual obligations. This was the thrust of its holding in Mission Product Holdings, Inc. v....more

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