We found 1,166 results for "The Bankruptcy Strategist"...
Courts in NY, TN Rule on Impact of Federal Copyright Law on Pre-1972 Recordings
September 27, 2012
How federal copyright law may affect state common law copyrights in sound recordings has long been a priority concern for record labels. Two courts recently rendered decisions on this issue.
Company-Appointed Rep May Commence Chapter 15 Case
September 25, 2012
As the seventh anniversary of the enactment of Chapter 15 of the Bankruptcy Code draws near, the volume of Chapter 15 cases commenced in U.S. bankruptcy courts on behalf of foreign debtors has increased rapidly. And so has related litigation.
Recovering Transfers That Create Insolvency
September 25, 2012
An important lesson from recent high-profile bankruptcy cases is that secured creditors can no longer make loan decisions based solely on the value of pledged collateral.
Seventh Circuit: Bankruptcy Code's Definition of 'Intellectual Property' Does Not Include Trademarks
September 25, 2012
A recent decision by the Seventh Circuit provided a trademark licensee with protection when its licensor filed for bankruptcy and rejected the trademark license.
First Circuit Raises Troubling Questions
August 30, 2012
The recently published First Circuit opinion in <i>Rosciti v. Insurance Company of the State of Pennsylvania</i>, presents an increasingly common interplay between two somewhat different and often conflicting areas of law — insurance coverage and bankruptcy.
D&O Insurance Issues in Bankruptcy
August 29, 2012
In a D&O policy, the definition of "Claim" can significantly affect the scope of coverage. Disputes can arise when the insured, whether voluntarily or involuntarily, files for bankruptcy or becomes insolvent.
Unscheduled Rights of Action
August 29, 2012
Debtors occasionally attempt to assert property rights that existed at the time of their bankruptcy filing. When those rights were not fully disclosed in the debtor's schedules, there is a problem.
Disagreement over Absolute Assignments of Rents Reappears
August 29, 2012
Reviewing the impact under New York law of what appeared to be absolute assignments of rents, and whether Chapter 11 debtors can spend property rents to support their reorganization efforts despite such assignments.
Second Circuit Allows Asbestos Claims to Proceed Against Pfizer
July 26, 2012
An in-depth look at why and how the Second Circuit reached its decision on asbestos claims against Pfizer, whose parent company had filed for bankruptcy.
MOST POPULAR STORIES
- Law Firms and the Rise of HospitalityThe law firm office cannot remain unchanged, as if frozen in time set to some date prior to the onset of pandemic, when the terms and meaning have all changed. In fact, the office must now provide benefits or an experience the lawyers and staff cannot get at home.Read More ›
- Disconnect Between In-House and Outside Counsel'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- Lack of Logo Placement At Center of Ruling Over Meat Loaf Album PackagingTo build visibility for its brand, a record label or production company will want its logo included on products containing its master recordings manufactured and distributed by third parties. This will be addressed in the agreement between the label or production company and manufacturer/distributor. The failure to include the logo may raise a host of issues, from the breadth of the logo-placement obligation ' such as whether it includes Internet downloads ' to the proper theory on which to base any damages and just which album-sales figures are subject to evidentiary discovery. A recent ruling by the U.S. Court of Appeals for the Sixth Circuit ' in a long-running dispute between Cleveland International Records and Sony Music Entertainment ' illustrated how these issues may be argued and decided.Read More ›