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SCOTUS Review: Mission Product Holdings v. Tempnology

(116 reviews)

Produced on November 19, 2019

$ 59 Constitutional Law, Intellectual Property Law, and Bankruptcy & Restructuring In Stock
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Course Information

Course Description

In this program, Tarter Krinsky & Drogin attorneys Rocco Cavaliere, a partner in the Bankruptcy and Corporate Restructuring Practice, and Amy Goldsmith, Co-Chair of the Intellectual Property Practice, explain what can happen to intellectual property assets in a Chapter 11 bankruptcy proceeding. Mr. Cavaliere and Ms. Goldsmith will first review the treatment of copyright and patent licenses under section 365(n) of the Bankruptcy Code. Then they will focus on the recent Supreme Court decision resolving a circuit split. In Mission Product Holdings, Inc. (2019),  the Court favored protection of the trademark licensee after the bankruptcy court rejection of the trademark license. Lastly, Mr. Cavaliere and Ms. Goldsmith will discuss how intellectual property licensors and licensees may negotiate new licenses or amend existing licenses in light of Mission Product and other cases.


Learning Objectives:

  1. Discuss patents, copyrights and trademarks in the context of the Bankruptcy Code
  2. Review cases involving the treatment of patents and copyrights in bankruptcy
  3. Break down the decision in Mission Product Holdings, Inc. v. Tempnology, LLC
  4. Identify best practices for licensors and licensees when negotiating IP licenses

Credit Information

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Faculty

Amy Goldsmith

Tarter Krinsky & Drogin LLP

Successful, profitable businesses share certain characteristics: immediately recognizable brands, desirable products or services, and a strategic plan which minimizes legal risks. As co-chair of the Intellectual Property Group at Tarter Krinsky & Drogin, Amy B. Goldsmith partners with clients to provide practical legal advice and connections to grow their businesses. A strategic advisor, she guides clients in all stages of their development from idea conception and protection, to funding, manufacturing and enforcement.

She will advise you whether your trademark is available in the United States and globally, if patents should be a part of your strategy, and if your design team’s new product shares too many features of the competition’s copyrighted bestseller. She will design contracts that make sense. Amy will also guide you through the clearance process, whether the subject matter is books, movies or live action. If a dispute is on the horizon, she will be by your side until a fair resolution is reached. If knock-offs are all over social media platforms, Amy will help you take them down.

Amy protects the global interests of national and international clients in a wide variety of industries, including fashion, jewelry, cosmetics, food and nutraceuticals, pet products, publishing, medical devices, exercise equipment, web-based business applications and telecommunications platforms, and consumer and designer goods. Amy will help you design privacy policies and terms of use that make sense in the global world in which you operate.

She has been a Vice President of the New York Women's Bar Association and currently is Co-Chair of the CLE Committee. She is also a member of the American Bar Association and the International Trademark Association (INTA) and is on the Board of Directors of Savvy Ladies, a non-profit whose mission is to educate women to be financially savvy. Amy also was a speaker at and served on the Advisory Board for TedxTimesSquare.

Before joining Tarter Krinsky & Drogin, Amy was a partner at Gottlieb, Rackman & Reisman, P.C.



Rocco Cavaliere

Tarter Krinsky & Drogin

Rocco Cavaliere is an advocate for distressed companies and high-net-worth individuals in their most perilous times, helping them preserve enterprise value, restructure their obligations and achieve other objectives. A partner in the Bankruptcy and Financial Restructuring Group, Rocco devotes a large part of his practice to representing clients that need workouts or bankruptcy relief. He also often represents creditor committees, unsecured creditors, secured creditors, landlords, license parties, shareholders and corporate officers and directors, and other parties in interest, in protecting their rights and preserving value in a bankruptcy case or in an out-of-court restructuring.

When a Chapter 7 or Chapter 11 case is commenced, it is common for debtors in possession or trustees to investigate the reasons which led to the bankruptcy filing and then possibly pursue litigation against third parties that may be blamed for the debtor’s demise. Rocco is often called on by Chapter 7 trustees and other estate representatives to assist in such investigations and commence lawsuits when the pursuit of claims may benefit the bankruptcy estate. Rocco also has significant experience representing defendants in bankruptcy court adversary proceedings, involving many causes of action such as fraudulent and preferential transfers, equitable subordination, turnover, and breach of fiduciary duty and related director and officer claims.

Rocco was recently appointed as a mediator on the Mediator Panel for the Bankruptcy Court for the Southern District of New York. In this role, he applies his extensive experience in contentious bankruptcy matters to a mediation context to help other parties achieve a successful and cost-effective settlement of their own legal disputes.

Distressed situations also create opportunities for parties to purchase a debtor company’s assets, including real estate, in a section 363 sale or through a plan of reorganization. Rocco regularly represents purchasers in all aspects of a sale transaction (including “loan to own” scenarios) in a bankruptcy case and in out-of-court workouts.

Prior to joining Tarter Krinsky & Drogin in 2012, Rocco received his legal training as an associate in the Business Restructuring and Bankruptcy Department of Blank Rome. In January 2017, Rocco was named co-chair of the New York County Lawyers’ Association’s Bankruptcy Law Committee.




Reviews

WP
william p.

Gave me some ideas on future Ch 7 cases involving intellectual property.

LL
Lorenzo L.

Instructors were very knowledgeable.

AR
Alicia R.

Awesome information.

EB
Earl B.

good perspective from 2 experts

BG
Burton G.

Very detailed analysis.

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