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John Loughnane publishes “ABI Presents Webinar on IP and Bankruptcy Issues”

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November 2013 | Article

John G. Loughnane, a partner in the firms’ Business Department, published “ABI Presents Webinar on IP and Bankruptcy Issues” in the November issue of the American Bankruptcy Institute’s (ABI) ABI Technology and Intellectual Property Committee Newsletter. The article discusses ABI’s recent webinar entitled “The Intersection of Intellectual Property and Bankruptcy: Kodak, Nortel and Other Cases.” The intent of the program was to assist restricting professionals in understanding IP law and the process of selling IP in distressed circumstances. Panelist drew on their experience in recent cases including Nortel and Kodak and discussed the inherent tension between bankruptcy law and intellectual property law created by the differing principles at the core of each set of substantive laws.

John notes that the marketplace for IP assets in distressed situations will continue to proliferate in the coming years and the tension between bankruptcy and intellectual property will deepen. Creditors will seek to maximize value from any IP assets. Nondebtor parties with IP licenses with a debtor will want to continue to protect their rights and avoid harm from their contract party’s efforts to maximize value.

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