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MAY 23, 2019
 
 
 
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Bankruptcy & Restructuring News
In house attorneys looking for a better way to organize, vet and easily retrieve legal news created the National Law Review on-line edition.

Around the clock, the National Law Review's editors screen and classify breaking news and analysis authored by recognized legal professionals and our own journalists.

There is no log in to access the database and new articles are added hourly.​
 
 
 
 
Brinks Gilson
On May 20, 2019, the U.S. Supreme Court held by a vote of 8-1 that a trademark licensor’s rejection in bankruptcy of a trademark license does not terminate the licensee’s right to use the licensed mark. Mission Products Holdings, Inc. v. Tempnology, LLC, No. 17-1657, 587 U.S. ___ (2019). In so holding, the Court resolved a circuit split on the issue. The Court reversed the decision of the First Circuit, which held that Tempnology’s rejection of a trademark license under the Bankruptcy Code had the effect of terminating Mission Products’ right to use the licensed marks.  More on Trademark Licenses here >
 
 
 
Ninth Circuit Gives A Partial Green Light to Cannabis Company Bankruptcies
Squire Patton Boggs
Earlier today, the Ninth Circuit Court of Appeals issued its long-awaited ruling in the Garvin v. Cook Investments, NW, SPNYW case. This opinion is certain to be of great interest to both companies operating in the cannabis space and those attorneys representing them.
In Garvin, the US Trustee appealed confirmation of a plan of reorganization under which one of the debtors leased property to a marijuana grower licensed under Washington law. More on Bankruptcy in the Cannabis Industry Here >
 
 
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On May 20, 2019, the United States Supreme Court decided the case Mission Product Holdings, Inc. v. Tempnology, LLC. In the 8-1 decision authored by Justice Kagan, the court ruled that agreements rejected by a debtor in bankruptcy will not be deemed terminated or rescinded.  Rather, the non-debtor party will retain whatever rights it would have under applicable non-bankruptcy law following a breach of the agreement.  Read more on Licensing & Bankruptcy Here>
 
 
 
Ward Smith
Bankruptcy is meant to provide a fresh start for the honest but unfortunate debtor. 
A debtor who files Chapter 7 does so with the presumption that all his or her debts will be forgiven or "discharged." But what about the dishonest debtor?  How dishonest can a debtor be before their discharge is denied?  And what can or should a creditor do – before and during bankruptcy – to protect a debt from discharge.  More on Dischargeability of Judgements here >
 
 
 
 
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