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Program Description

IP and Bankruptcy Law: Strange Bedfellows



Provided By: Law Journal Seminars

Approved for CLE credit in: AK,AZ,CA,ID,ME,MO,ND,NJ,NY,VT,WA,WV

Intellectual property assets have become a larger and larger share of corporate balance sheets. Now, when companies face bankruptcy, it is essential for both IP and bankruptcy counsel to understand how bankruptcy courts will treat these assets.

This webinar discusses the relevant aspects of both disciplines. A panel of IP and bankruptcy law experts examines the key issues, the questions raised by common scenarios, and the impact of the divergent policy goals of bankruptcy and IP law. Throughout, they provide guidance for the practitioner. Topics include:

  • the status of IP rights if one of the parties to a license or transfer of those rights declares bankruptcy
  • the best ways to protect security interests in IP
  • issues raised by overlapping bankruptcy and IP litigation

The program is a must for any attorney advising clients on how IP issues will be treated in bankruptcy court. It concludes with a helpful question and answer period.

This program was recorded on January 28th, 2010.

I.   Background/Overview (20 minutes)
  • Overview of bankruptcy process.
  • Key terms and definitions
  • Principles underlying bankruptcy law
  • Overview of different types of IP.
  • Patents, copyrights, trademarks, trade secrets
  • Importance of contract principles in IP law
  • Overview of issues at the intersection of bankruptcy and IP law.
  • Issues that arise when the licensor is the debtor.
  • Issues that arise when the licensee is the debtor.
  • Issues with securing interests to intellectual property
  • Issues concerning the status of IP litigation
  • II.  Issues Concerning the Licensor As Debtor (20 minutes)
  • Typical scenarios.
  • Executory contracts and IP licenses.
  • The Lubrizol decision and Congress' response.
  • Applications and limitations of 365(n).
  • Practice tips.
  • III.  Issues Concerning the Licensee As Debtor (20 minutes)
  • Typical scenarios.
  • Can a debtor assume a license that cannot be assigned?
  • 365(c).
  • Application to patent licenses
  • Application to copyright licenses
  • Application to trademark licenses
  • Application to trade secret licenses
  • IV.  Protecting Security Interests in IP (35 minutes)
  • Protecting security interests in patents.
  • Protecting security interests in trademarks.
  • Protecting security interests in copyrights.
  • V.  Bankruptcy and Intellectual Property Litigation (15 minutes)
  • Effect of bankruptcy on pre-petition litigation
  • Post-petition litigation and the bankruptcy court
  • Can the bankruptcy court address IP litigation issues?
  • VI.   Q&A (10 minutes)

    This program was recorded on January 28th, 2010.

    CLE Credit Information

    Click on the state abbreviation to find the CLE Credit Information for your state.

    This program is has been approved for credit in AK,AZ,CA,ID,ME,MO,ND,NJ,NY,VT,WA,WV

    Experienced attorneys only (non-transitional)

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    No related programs information available.

    Panelist Biographies


    Shulman, Rogers, Pordy, Gandal & Ecker

    Peter J. Toren is is a shareholder with Shulman, Rogers, Pordy, Gandal & Ecker where he specializes in intellectual property litigation, data protection and social media law. Prior to joining Shulman Rogers, Mr. Toren was a partner with Kasowitz, Benson, Torres & Friedman and Sidley Austin in New York. He was also a federal prosecutor with the Computer Crime & Intellectual Property Section of the Criminal Division of the United States Department of Justice and is the author of numerous articles and of the treatise Intellectual Property & Computer Crimes (Law Journal Press 2003) which has been updated 15 times since it was first published in 2003.


    Kasowitz, Benson, Torres and Friedman LLP

    Monica Bhattacharyya is an experienced intellectual property litigator who has been involved in matters that span a wide range of technologies including pharmaceutical products, medical devices, cable modem communications, mass spectroscopy and computer software. She has argued motions in federal and state courts, taken and defended depositions of numerous witnesses, and has been involved with developing case strategy at all stages, including at trial and on appeal to the Federal Circuit Court of Appeals. Ms. Bhattacharyya also regularly makes presentations to local organizations on intellectual property matters, and is active in bar association activities. Ms. Bhattacharyya received her undergraduate degree in biochemistry magna cum laude from Harvard-Radcliffe College and her law degree from Yale Law School, where she was Notes editor for the Yale Law Journal.


    Kasowitz, Benson, Torres and Friedman LLP

    Jeffrey R. Gleit's practice consists of representing debtors, creditors, creditor groups and investors in restructuring distressed companies. As a partner in the Creditors Rights and Bankruptcy department of Kasowitz, Benson, Torres and Friedman LLP, Mr. Gleit works with clients in a variety of industries, including financial, automotive, retail, telecommunications, and manufacturing. Mr. Gleit received his undergraduate degree from Hofstra University and his law degree with distinction from Hofstra University School of Law, where he was a Notes and Comments Editor of the Hofstra Law Review.

    Bundle(s) Included

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    Pricing Information

    IP and Bankruptcy Law: Strange Bedfellows



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