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Two Recent Developments in Bankruptcy Law: SCOTUS on Trademarks & the Small Business Reorganization Act of 2019

(84 reviews)

Produced on October 03, 2019

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$ 89 Business, Corporate, & Securities In Stock
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Course Information

Time 1h
Difficulty Intermediate
Topics covered in this course: Business, Corporate, & Securities

Course Description

Earlier this year, the U.S. Supreme Court held in Mission Product Holdings, Inc. v. Tempnology, LLC that a debtor’s rejection of a trademark license agreement in which it is the licensor, does not deprive the non-debtor licensee of its right to use the trademark. This decision resolved a split among several of the federal Courts of Appeal about how a debtor-licensor’s rejection of a trademark agreement in bankruptcy affects the rights of the non-debtor licensee.

In addition, in August 2019, the President of the United States signed the Small Business Reorganization Act of 2019 into law. This law, which will become effective in February 2020, is designed to foster successful restructurings of small businesses, and thereby save jobs and preserve enterprise value. By creating more expeditious Chapter 11 procedures, this law promises to expand the class of small business debtors who may benefit from restructuring in bankruptcy. Join Tannenbaum’s Michael Riela as he addresses these two major developments in bankruptcy law.

Learning Objectives:

  1. Dissect the Supreme Court’s holding in Mission Product Holdings v. Tempnology, LLC, and its implications on trademark licenses and other types of executory contracts in bankruptcy
  2. Identify the principal provisions of the Small Business Reorganization Act of 2019 and how they may change the way that small businesses restructure their obligations in Chapter 11

Credit Information

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Michael Riela

Tannenbaum Helpern Syracuse & Hirschtritt LLP

Michael Riela advises clients in complex corporate restructuring and bankruptcy matters. He has in-depth experience in advising clients in corporate and real estate Chapter 11 and Chapter 7 bankruptcy cases, out-of-court restructurings, M&A transactions involving distressed sellers, debtor-in-possession (DIP) and bankruptcy exit loan facilities, secondary market trading of distressed debt and trade claims, and insolvency-related litigation. He has particular experience defending complex preference and fraudulent transfer cases, and with handling professional retention and fee dispute matters in bankruptcy cases.  Michael’s restructuring and bankruptcy practice spans across numerous different industries, though much of his recent work is focused on the staffing, real estate, construction, retail, technology, and cannabis industries.


Michael D.

good use of case law and examples

Kevin W.

Wonderful CLE -- one of the best I have ever "attended". Thank you very much!

Shelley F.

Excellent. Needed information.

David S.

Great overview of the new small chapter 11.

Rachel C.

Thought-provoking and interesting!

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