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BLT: May 2013

Recent Bankruptcy Developments May Give Trademark Licensees Reason to Hope

Feature Articles

Recent Bankruptcy Developments May Give Trademark Licensees Reason to Hope

Recent decisions suggest that trademark licensees may have more rights than previously thought when their licenses are rejected in a licensor's bankruptcy.

The real estate collapse of 2008 hurt senior mortgage lenders, but it pummeled junior lenders, whose second liens went from above to below water, almost in a heartbeat. Some homeowners, however, saw an opportunity.

On April 22, 2013, the Securities and Exchange Commission (SEC) announced its first-ever non-prosecution agreement (NPA) in a matter involving potential violations of the Foreign Corrupt Practices Act (FCPA).

Over the past several years, both the Delaware Supreme Court and the Court of Chancery have recognized the problem of plaintiffs that rush to file derivative actions without first investigating their claims, usually in multiple forums, following the announcement of some corporate trauma.

In 1997, President Clinton appointed Mozelle W. Thompson as a Commissioner on the Federal Trade Commission where he became a leader in international consumer protection, high technology competition, and online privacy. Previously, Thompson had served in the Treasury Department, overseeing domestic spending and credit policies and creating the Office of Privatization. Before that, he was general counsel of the New York State Finance Agency.

Explore the Joint Task Force on M&A Litigation, the Mergers and Acquisitions Committee, and the Director and Officer Liability Committee.

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