Beard Audio Conferences

Clash of the Titans -- Bankruptcy vs. IP Rights

Who Wins When Bankruptcy and Intellectual Property Laws Conflict?

Location: Your office or conference room (no need to travel!)

Date : Audio CD Available

Time(s):

  -   Eastern Time
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  -   GMT

Hosted By : The Beard Group Law and Business Publishers

This conference will include:

Bankruptcy law which allows the free sale and assignment of assets clashes head-on with the core principles of intellectual property law.

So how can troubled companies flush with IP assets reorganize? And, on the flip side, how can IP licensees shield themselves when their licensor faces insolvency?

In this convenient Audio CD (recorded July 2006) and 21-page supporting outline (with case citations), national expert David R. Kuney, partner with Sidley Austin LLP, explains the ground rules and updates you on the latest developments in this on-going tug-of-war between bankruptcy and intellectual property rights.

You will examine

· New threats to the federal monopoly theory behind patents, copyrights and trademarks
· Bankruptcy rules and concepts that impact IP rights including:
o Executory contract definitions
o Debtors ability to assign assets to reorganize, and
o Assumption and rejection powers
· Why non-exclusive licenses are considered executory contracts
· Origins of the rule against assigning patents and copyrights
· Assumption and assignment problems under bankruptcy law
· What is the Hypothetical Test the current majority view of the circuit courts
· Application of the Actual Test when, where and how
· Two proven strategies for avoiding the Hypothetical Test
· Are intellectual property claims administrative expenses?
· Claims for unauthorized post-petition use of IP
· Dischargeability of claims for infringement
· Future concerns sale of assets free and clear. Does Precision Industries apply to intellectual property?
· Perfection of security interests in intellectual property, including unregistered copyrights, patents and trademarks
· Landmark federal and state cases you must know

Speaker(s):

David R. Kuney
Sidley Austin LLP

David R. Kuney is a partner in the Washington, D.C., office of Sidley Austin LLP. He represents both debtors and creditors in complex Chapter 11 cases, including complex partnership cases, retail bankruptcies, real estate bankruptcies and corporate cases. He has also had extensive litigation and appellate experience and has served as lead counsel in both jury and non-jury civil matters throughout the United States.

David is an adjunct professor at the Georgetown University Law School, where he teaches a class on Bankruptcy and Creditors Rights. Hes been ranked in Chambers USA as a Leading Bankruptcy Attorney in Washington and as an intellectual leader in bankruptcy law. He is the author of the book, "Bankruptcy Issues for Commercial Landlords, Tenants and Mortgages."

Clash of the Titans -- Bankruptcy vs. IP Rights


Conference Audio CD + Written Materials	US$	35.00	add to cart

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