Executory Contracts/Leases

Navigating The Intersection of Bankruptcy and Intellectual Property Note to Committee
Beverly Berneman, Frank Oswald, and I (Summer Chandler) are working on the second edition of the ABI book, Choppy Waters: Navigating the Intersection of Bankruptcy and Intellectual Property. It should be ready to go to print by the end of this year. We would like very much to have the opportunity to present at the Spring Meeting on some of the issues we will be discussing in the book and that we have encountered in our practices or other work. Thank you for considering our proposal.

Panel Description:

Intellectual property is often critical to the financial stability and well-being of a company. When a debtor enters bankruptcy, the Bankruptcy Code contains several provisions that impact rights held by the debtor, or others, in intellectual property owned or used by the debtor. Given the important role that intellectual property often plays in the life of a business, disputes pertaining to intellectual property frequently surface in the context of the debtor's bankruptcy case. Unfortunately, significant uncertainty continues to surround many of the issues that exist at the intersection of bankruptcy law and intellectual property law.

This panel will explore the complex intersection of intellectual property and bankruptcy law, focusing on the important and unique challenges and opportunities that can arise when intellectual property rights are at issue in bankruptcy proceedings. The topics discussed will include, among others: the effect of the rejection of an intellectual property license agreement, the effect of the sale of a debtor’s intellectual property on the rights of non-debtor licensees, and the assignability of intellectual property license agreements (either standalone agreements or agreements contained within a more comprehensive agreement – such as a franchise agreement). Panelists will discuss and analyze several important and interesting disputes, including, among others, the tortured bankruptcy history of 2 Live Crew/Luther Campbell and Lil’ Joe Records. By the conclusion of the program, attendees should: (1) understand the legal framework governing the treatment of intellectual property assets in bankruptcy; (2) recognize risks and challenges related to intellectual property in bankruptcy, and (3) be able to assess the potential impact of bankruptcy on ongoing and future intellectual property transactions. Business Suggested Speakers Summer Chandler summerchandler@lsu.edu Paul M. Hebert Law Center, LSU

The effect of “reimagined downtowns” on landlords and leases. (A slightly different version of this title would be: The effect of “reimagined downtowns” on landlords, leases, and bankruptcy cases.) With large cities contemplating or trying to create "reimagined downtowns" following drastic declines in commercial tenancies, and drastic increases in un-used or under-utilized downtown/urban buildings, property owners may need to adapt to potential re-uses of their commercial properties, which may or may not include Bankruptcy Court involvement by way of landlord and/or tenant bankruptcies. This panel will address the practical and legal aspects of "reimagined downtowns," including with predictions on what cities will try to do to reinvigorate their downtowns over the next few years. Participates will understand how landlords, tenants, landlords' lenders, and cities view their respective strengths and weaknesses, and may be able to work together to achieve best outcomes, in the current situation affecting urban commercial properties. Creditor Suggested Speakers Gregg Ficks gficks@coblentzlaw.com Coblentz Patch Duffy & Bass LLP

How to Work With Outside Appraisers Valuation of assets, machinery and equipment, is an important part of the bankruptcy process. Monetization of assets, securing of creditor rights depends on accurate valuation of assets, and this session will detail how to find, retain, and manage outside appraisers to properly value the assets. Learn how to effectively and efficiently manage the valuation/appraisal process to maximize recoveries and provide accurate asset valuation. Creditor Suggested Speakers Christopher Nugent chris.nugent@bcamasset.com Bluechip Asset Management

Health Care Bankruptcy & Restructuring for Creditors This session will focus on key issues in a health care restructuring or bankruptcy from a creditor's point of view. It will address issues pertaining to both secured and unsecured creditors. Possible topics include: (1) understanding ways health care businesses are financed (receivables financing, municipal bond financing); (2) bankruptcy alternatives (receiverships, ABC, workouts); (3) DIP financing for health care businesses; (4) anticipating regulatory review; (5) issues concerning health care 363 sales; (6) issues facing committees in health care bankruptcy cases; and more. The session will help attorneys who represent creditors understand some of the main issues their clients face with respect to distressed health care businesses and strategies for protecting their interests as the debtor goes through a Chapter 11 case. Creditor Suggested Speakers Jeffrey Fuller jfuller@bloombergindustry.com Bloomberg Industry Group