Morris, Michols, Arsht & Tunnell LLP; Wilmington, Del.
On July 26, 2011, the U.S. Court of Appeals for the Seventh Circuit issued In re XMH Corp.,[1] recognizing for the first time in a published U.S. Court of Appeals opinion that a trademark license is not assignable in bankruptcy without the licensor’s consent. This recognition, however, comes with a significant caveat. Although the opinion, authored by the respected Judge Richard A. Posner, makes a lengthy exploration of the policies underpinning the rule against nonconsensual assignments of trademarks, virtually everything the court had to say on this topic is, technically speaking, judicial dictum. Ultimately, the case turned on the fact that at the time of the challenged assignment, the trademark license had expired and what remained was only a services contract.
Read the full article.
Summer is a busy time of year for conferences at ABI with several regional and one-day events. This year's summer conferences have provided the committee with a plethora of educational materials covering topics such as rule comparisons, advertising and confidentiality issues as they relate to Facebook and limitations to e-discovery. Panelists for sessions included bankruptcy judges, trustees and attorneys from across the country. Click here to view a list of upcoming conferences.
At ABI's Northeast Bankruptcy Conference, held in July in Newport, RI, there was a session titled, "Bankruptcy Ethics in an Electronic Age," which will prove to be an interesting read. The panelists provided attendees the materials with a comparison of Rule 7.3 of professional conduct across the states, offered a sample desk appearance ticket and discussed a variety of related cases. The Hon. Brian K. Tester of the U.S. Bankruptcy Court for the District of Puerto Rico in San Juan moderated the session. Panelists included Thomas O. Bean of McDermott, Will & Emery, LLP in Boston, Joseph Looby of FTI Consulting, Inc. in New York, John P. McVeigh of Preti, Flaherty, Beliveau & Pachios, LLP in Portland, Maine and Andrew Z. Schwartz of Foley Hoag LLP in Boston. Click here to view "Bankruptcy Ethics in an Electronic Age" educational materials.
There was also an excellent session at the Southeast Bankruptcy Workshop, held in July at Kiawah Island, S.C. The panelists for the session titled, "Is There an 'App' for That? Ethics Challenges Arising from New Technology" discussed the use and misuse of Facebook in the legal profession, including advertising and confidentiality issues and juror utilization, as well as cloud computing and related cases from Ohio and Florida. David A. Wender of Alston & Bird, LLP in Atlanta moderated the session. Panelists included Terri L. Gardner of Nelson Mullins Riley & Scarborough LLP in Raleigh, N.C., the Hon. James M. Hopkins of the U.S. District Court for the Southern District of Florida in West Palm Beach and Patricia E. Lowry of Squire, Sanders & Dempsey, LLP in West Palm Beach, Fla. Click here to view "Is There an 'App' for That? Ethics Challenges Arising from New Technology" educational materials.
There were two relevant sessions from the Mid-Atlantic Bankruptcy Workshop, held at The Hotel Hershey in Pennsylvania in early August. The first was titled "Ethics Proxies, E-mail and the Rules of the Road," and provided attendees with relevant sections of the Code and CPA Rules of Conduct, ethical issues arising from the use of social media and used In re Universal Building Products as a case study for the session. Panelists included Roberta A. DeAngelis of the Office of the U.S. Trustee in Philadelphia, Bonnie Glantz Fatell of Blank Rome, LLP in Wilmington, Del., Alvin E. Mathews, Jr. of Bricker & Eckler LLP in Columbus, Ohio, Louis A. Modugno of McElroy, Deutsch, Mulvaney & Carpenter, LLP in Morristown, N.J. and Allen D. Wilen of EisnerAmper LLP in Edison, N.J. Click here to view "Ethics Proxies, E-mail and the Rules of the Road" educational materials.
The second session, "Analog Trouble in a Digital World: E-Discover Issues," explored recent changes and adaptations to the federal Rules, limitations on frequency to the use of e-discover, issues and discrepancies in the law and document acquisition and preservation. The session was facilitated by Kelly Beaudin Stapleton of Alvarez & Marsal in New York. Panelists included the Hon. Michael J. Kaplan of the U.S. Bankruptcy Court for the Western District of New York in Buffalo, Kerri K. Mumford of Landis Rath & Cobb LLP in Wilmington, Del., Natalie D. Ransey of Montgomery, McCracken, Walker & Rhoads, LLP in Philadelphia and Allen J. Underwood, II of Becker Meisel LLC in Livingston, N.J. Click here to view "Analog Trouble in a Digital World: E-Discover Issues" educational materials.
The Technology and Intellectual Property Committee is actively soliciting articles and ideas for the newsletter. If you are interested in writing an article or have any ideas or suggestions, please contact Chris Ward, your committee Newsletter Editor. Guidelines for newsletter articles can be found by clicking here. For topic ideas please browse some of your membership benefits - the Bankruptcy Blog Exchange, ABI Daily Headlines and ABI Bankruptcy Brief, Volo and the Asset Sales Database. ABI login required.
Click here to view previous committee newsletters.
ABI's new Podcast website allows members to listen to the latest recordings from some of the field's most prominent professionals. At the new site, you can search for podcasts by key bankruptcy terms and ABI members, as well as sign up for RSS feed and leave your comments. All podcasts are available for audio on your PC, smartphone or tablet.
Click here to view the ABI Podcast page.
Did you know that all of ABI's publications are written by experts in the field and are widely used by the bankruptcy bar and bench? You can own these same publications by visiting the online ABI Bookstore. The ABI Bookstore carries over 40 publications, offers several bundled packages for your convenience and includes free ground shipping! Browse the ABI Bookstore for publications such as Bankruptcy and Its Impact on Intellectual Property Law and the Bankruptcy Telecommunications Manual.
You can find these publications, and many others, at the ABI Bookstore.
