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I am Beverly A. Berneman, and I am pleased to take on the role of the editor of the ABI Technology and Intellectual Property Committee’s e-newsletter. By way of background, I am a partner with Golan Christie Taglia LLP in Chicago. I hold a J.D. from Chicago Kent School of Law, and my practice started in bankruptcy law. I have been named a “Leading Lawyer” by the Leading Lawyers Network.
This article addresses a legitimate fear common among companies negotiating license agreements: the license counterparty filing for bankruptcy. Given the business interruption that could ultimately occur as a result of a restructuring event, it is vital for practitioners to address bankruptcy or insolvency issues up front during the negotiation of the license agreement.
John G. Loughnane and John T. Farnum have served as co-chairs this past year for the Technology and Intellectual Property Committee. Continuing a recent trend, the committee again experienced a very busy year as technology continues to develop at a rapid pace, as does the law concerning intellectual property (IP) in insolvency.