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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.

There is much in the booming health care industry to entice an acquisition or integration. The boom has been accompanied by vast amounts of data digitized as electronic health records and myriad other formats. This data adds great value to health care organizations. Because of its value, data merits exacting protection from loss of any kind. The person keeping a finger on this particular pulse is the organization’s CIO.

Vulnerability Has Increased Along with Data   

An unprecedented filing leads to an unprecedented joint solution from the both the U.S. Bankruptcy Court for the District of Delaware and the Ontario Superior Court of Justice -Commercial List supervising the Nortel liquidation in Canada and the U.S.