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CHAPTER 11 POTPOURRI 2021: The Intersection of IP & Bankruptcy

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Description: CHAPTER 11 POTPOURRI 2021 Series
Episode #3: The Intersection of IP & Bankruptcy
April 21, 2021 at 2:00 PM CST
Intellectual property generally includes patent rights, copyright rights, trademark and servicemark rights, and trade secrets. The foundation of intellectual property law is the protection of exclusive rights afforded to original works and invention. These rights can be significantly impacted by bankruptcy proceedings. This webinar examines some of these key issues including the perfection of security interests in intellectual property, the protection of certain intellectual property licenses and lack of protection for other types of intellectual property, the relief available to licensors, as well as special issues regarding assignment of licenses in bankruptcy proceedings.
This webinar is delivered in Plain English, understandable to you even if you do not have a background in the subject. It brings you into an engaging, even sometimes humorous, conversation designed to entertain as it teaches. And, it is specifically designed to be viewed as a stand-alone webinar, meaning that you do not have to view the other webinars in the series to get a lot out of it.

Speaker Information
Daniel Cohn, Partner, Murtha Cullina

Dan Cohn devotes his practice at Murtha Cullina LLP to financially distressed businesses and is recognized as one of New England’s best-known counsel to troubled companies. His experience includes Chapter 11 reorganizations and sales, out of court debt restructurings, troubled company acquisitions, trust mortgages and assignments for benefit of creditors, and representation of directors and officers, equity sponsors, litigation defendants, trustees, landlords, suppliers, tort claimants and creditors’ committees.

Dan is a trained mediator and frequent lecturer on bankruptcy law. He is a fellow of the American College of Bankruptcy and currently the College’s regent for the First Circuit. Mr. Cohn is listed with a Tier One ranking in America’s Leading Business Lawyers (Chambers & Partners USA).

Speaker #1
John Demmy, Partner, Saul Ewing

John Demmy represents debtors, creditors' and ad hoc committees, asset buyers, insurers, and all types of creditors in bankruptcy cases and related litigation matters, and he draws on his involvement in many of the major bankruptcy cases in the District of Delaware over the past 30 years to guide them. He also handles bankruptcy appeals to the Delaware District Court and to the Court of Appeals for the Third Circuit. He has appeared in major bankruptcies in the Southern District of New York and other bankruptcy jurisdictions, including Texas, Louisiana, California, Chicago, Pittsburgh, Minneapolis, Virginia and North Carolina, as well. John is also an experienced commercial litigator who assists clients with cases in the Delaware Court of Chancery, a premiere venue for business disputes. He also provides opinions with respect to matters of bankruptcy and Delaware law relating to Delaware entities.
Speaker #2
 Victor Vilaplana, Counsel, Foley & Lardner LLP
Victor A. Vilaplana is of counsel and a business reorganization attorney with Foley & Lardner LLP. Victor focuses his practice on the handling of insolvency matters, particularly complicated business bankruptcies and international transactions. His experience includes representing businesses in multiple fields, from medical device companies to agricultural producers in Chapter 11 cases. Victor is a member of the firm’s Bankruptcy & Business Reorganizations, International, and Latin America Practices as well as the Automotive Industry Team. Prior to joining Foley, Victor was a shareholder of Seltzer Caplan McMahon Vitek and a managing partner of the San Diego office of Sheppard, Mullin, Richter & Hampton.

Victor is a frequent lecturer for the California Continuing Education of the Bar, Practicing Law Institute, Law Education Institute, and National Institute of Trial Advocacy on the topics of insolvency, uniform commercial code, and various U.S./Mexico related issues, such as real estate ownership, commercial law, equipment leasing and debtor/creditor relations. He is also an ALI-ABA lecturer on practice under the Bankruptcy Abuse Prevention and Consumer Protection Act. Victor has authored articles on the administration of multi-national bankruptcies and prepackage Chapter 11 plans of reorganization. He is co-editor of Advanced Chapter 11 Bankruptcy Practice for the American Law Institute.
Speaker #3
Gregory Werkheiser, Partner, Benesch Friedlander Coplan & Aronoff LLP
Greg is a partner in Benesch’s Insolvency & Creditors’ Rights Practice Group and represents debtors, creditors and other parties in complex business bankruptcy cases and out-of-court restructurings.
Greg devotes a substantial portion of his practice to bankruptcy appellate litigation and assisting clients with navigating the intersection of intellectual property and bankruptcy law.

In addition, Greg’s extensive experience includes advising fiduciaries and managers for distressed enterprises, acquisitions of  financially distressed companies, representing official and ad hoc creditors’ committees, negotiating and drafting debtor-in-possession financing documents, distressed M&A transactions, and bankruptcy-related litigation.

He has represented clients across a range of industries, including retail, energy, transportation, manufacturing,  healthcare, pharmaceuticals, financial services and investment.

Greg is a frequent writer and speaker on leading edge bankruptcy and insolvency topics. He has been recognized as a leading Delaware attorney in the bankruptcy and restructuring area by Chambers USA and listed in The Best Lawyers in America.
Speaker #4
Christopher Wick, Partner, Hahn Loeser
Christopher B. Wick focuses his practice in the Creditors’ Rights, Reorganization and Bankruptcy, and Litigation Areas. He has experience representing debtors, creditors and creditors’ committees in bankruptcy and insolvency proceedings.Chris has represented businesses and financial institutions in business reorganizations, workouts, and restructurings; represent companies in defense of preference actions; and represent businesses in foreclosure actions, and replevin actions. Recent Chapter 11 bankruptcy representations include:
  • LTV Steel Company, Inc. (Trade Creditor);
  • Weirton Steel Corporation (Trade Creditor);
  • Hi-Rise Recycling Company, Inc. (Debtor);
  • Nippon Electric Glass America, Inc. (Debtor);
  • Republic Engineered Products (Secured Lenders);
  • United Producers, Inc. (Secured Lender);
  • Quaker City Castings (Unsecured Creditors’ Committee);
  • Ohio Cast Products (Unsecured Creditors’ Committee);
  • National Century Financial Enterprises, Inc. (Litigant/Creditor);
  • Laich Industries Corp. (Secured Lender);
  • Austin Company, Inc. (Utility).
Among his accomplishments, Chris is listed in the 2005, 2006 & 2010-13 editions of “Ohio Rising Stars” by Ohio Super Lawyers, and the 2014 edition of Ohio Super Lawyers for Bankruptcy and Business Litigation. He is a member of the Cleveland Bridge Builders Class of 2007, and a former finalist for Inside Business magazine’s Top 25 Under 35 Movers & Shakers. Chris also serves on the board of directors of the Friends Group of Achievement Centers for Children.

Practice Areas: Bankruptcy & Creditors Rights, Intellectual Property Law
Online Media Type: Audio
Production Date: 04/21/2021
Level: Intermediate
Category: Standard
Duration: 1 Hours, 3 Minutes
Online Format: On Demand

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Total Credits: 1
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Status: Reciprocal Credit Available
Expiration: 04/20/2024
Training Type: Online

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Daniel C. Cohn - Murtha Cullina LLP
John Demmy - Partner, Saul Ewing
Victor A. Vilaplana - Foley & Lardner LLP; San Diego
Gregory Werkheiser - Partner, Benesch Friedlander Coplan & Aronoff LLP
Christopher Wick - Hahn Loeser
This product is designed to provide information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought.

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