News Topic: Recent Developments

Trademark licensees have long faced the serious risk of losing all license rights to a trademark if the licensor files bankruptcy and rejects the trademark license as an executory contract. However, a recent decision from the U.S. Court of Appeals for the ... Read full article

The Winter 2010 edition of the Absolute Priority newsletter, published by the Cooley Godward Kronish LLP Bankruptcy & Restructuring  group, of which I am a member, has just been released. The newsletter gives updates on current developments and trends ... Read full article

Last month, I reported on a decision from Delaware Bankruptcy Judge Mary Walrath in the In re Washington Mutual, Inc. case (" WaMu ") holding that informal creditor groups must disclose details of their trades under ... Read full article

Thanks to Professor Robert Lawless  of the University of Illinois College of Law, also of the Credit Slips blog, you can now save yourself from combing through dusty old books to find the language of Bankruptcy Code provisions going back as far as 1980. ... Read full article

The First Two Delaware Decisions . In the past two months, I have reported on decisions by two Delaware bankruptcy judges in the In re Washington Mutual, Inc . case and in In re Premier International Holdings, Inc . ... Read full article

Bankruptcy Rule Amendments . As reported in a post last month , this year's amendments to the Federal Rules of Bankruptcy Procedure have now taken effect today, December 1, 2011. ... Read full article

Almost every year, changes are made to the set of rules that govern how bankruptcy cases are managed -- the Federal Rules of Bankruptcy Procedure. The changes address issues identified by an Advisory Committee made up of federal judges, bankruptcy ... Read full article

Creditor Derivative Claims Against Fiduciaries Of Insolvent Corporate Entities. In a 2007 decision in  North American Catholic Educational Programming, Inc. v. Gheewalla, et al., 930 A.2d 92 (Del. ... Read full article

The Summer 2011 edition of the Absolute Priority newsletter, published by the Bankruptcy & Restructuring group at Cooley LLP , of which I am a member, has just been released. The newsletter gives updates on current developments and trends in the ... Read full article

It's been a long wait, but we finally have a published decision from a U.S. Court of Appeals answering whether a trademark license is assignable in bankruptcy without the licensor's consent. On July 26, 2011, the U.S. Court of Appeals for the ... Read full article

I have posted in the past about the helpful research binder that former Judge Randall J. Newsome of the United States Bankruptcy Court for the Northern District of California  had made available on the Bankruptcy Court's website. Although Judge ... Read full article

The Spring 2011 edition of the Absolute Priority newsletter, published by the Cooley LLP   Bankruptcy & Restructuring group, of which I am a member, has just been released. The newsletter gives updates on current developments and trends in the ... Read full article

The Fall 2010 edition of the Absolute Priority newsletter, published by the Cooley LLP Bankruptcy & Restructuring  group, of which I am a member, has just been released. The newsletter gives updates on current developments and trends in the bankruptcy ... Read full article

Earlier this year, the U.S. Bankruptcy Court for the Middle District of Tennessee issued a decision holding that creditors sued for preferences  can assert a new value defense based on the goods provided to a debtor in the 20 days before the bankruptcy ... Read full article

The First Two Delaware Decisions . In the past two months, I have reported on decisions by two Delaware bankruptcy judges in the In re Washington Mutual, Inc . case and in In re Premier International Holdings, Inc . ... Read full article

Nearly every year, changes are made to the set of rules that govern how bankruptcy cases are managed -- the Federal Rules of Bankruptcy Procedure. Normally, the changes address issues identified by an Advisory Committee made up of federal judges, ... Read full article

As I have reported over the past several years, Delaware courts, including the Delaware Supreme Court, have addressed the nature of a director's fiduciary duties when a Delaware corporation is insolvent or in the "zone of insolvency," most ... Read full article

The Fall 2009 edition of the Absolute Priority newsletter, published by the Cooley Godward Kronish LLP   Bankruptcy & Restructuring group, of which I am a member, has just been released. The newsletter gives updates on current developments and trends ... Read full article