cross-border

When Worlds Collide, The Sequel: Fourth Circuit Rules On Section 365(n)’s IP Licensee Protections In Chapter 15 Cross-Border Bankruptcy

Bob Eisenbach — Tue, 10 Dec 2013 14:41:20 +0000

My how time flies in protracted bankruptcy litigation. More than four years ago, as I reported back at the time, the Bankruptcy Court in the Chapter 15 cross-border bankruptcy case of Qimonda AG issued its first decision on the application of Section 365(n) in that case. After an initial appeal, a four-day trial on remand, and another appeal, last week the U.S. Court of Appeals for the Fourth…

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Major Amendments To The CCAA, Canada’s Reorganization Law, Are Now In Force

Bob Eisenbach — Tue, 22 Sep 2009 02:46:15 +0000

In a post last year entitled "North Of The Border: Reorganization Under Canada’s Companies’ Creditors Arrangement Act," I discussed the various types of bankruptcy and insolvency proceedings available under Canadian law. Included in the discussion was the Companies’ Creditors Arrangement Act, known as the CCAA, used by many Canadian companies to reorganize. At that time…

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North Of The Border: Reorganization Under Canada’s Companies’ Creditors Arrangement Act

Bob Eisenbach — Fri, 07 Mar 2008 12:10:01 +0000

With the enormous amount of business between the United States and Canada these days, it’s little wonder that from time to time U.S. companies find themselves affected by a Canadian insolvency proceeding. A better understanding of Canada’s approach to bankruptcy and insolvency law can be helpful when sizing up how such a filing might affect your rights. The Lay Of The Land.

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Licensing Intellectual Property From An Israeli Company: What Happens If There’s A Bankruptcy?

Bob Eisenbach — Wed, 06 Feb 2008 04:14:28 +0000

Many technology companies are based in Israel and license intellectual property to companies in the United States and around the world. This raises an interesting question: what happens if the Israeli company, as licensor, goes into bankruptcy or liquidation in Israel? The latest edition of Cross Border Commentary, a publication by the International Business Practice of my firm…

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New Developments In The Cayman Islands Hedge Fund Chapter 15 Case

Bob Eisenbach — Tue, 25 Sep 2007 22:24:03 +0000

In a post earlier this month, I reported on the August 30, 2007 decision by Judge Burton R. Lifland of the U.S. Bankruptcy Court for the Southern District of New York denying Chapter 15 recognition to foreign proceedings pending in the Cayman Islands for two Bear Stearns hedge funds. In the August decision (available here), the Bankruptcy Court held that although the two hedge funds were organized…

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Lack Of Recognition: New Case Shows That Chapter 15 International Bankruptcy Protection Isn’t Automatic

Bob Eisenbach — Tue, 04 Sep 2007 01:32:21 +0000

On August 30, 2007, in twin decisions in recent cases involving two Bear Stearns hedge funds (available here and here), Judge Burton R. Lifland of the U.S. Bankruptcy Court for the Southern District of New York made clear that recognizing a foreign insolvency proceeding in a Chapter 15 cross-border bankruptcy case is not to be "rubber stamped by the courts." The decision is of particular interest…

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English Translation Of China’s New Enterprise Bankruptcy Law Is Now Available

Bob Eisenbach — Tue, 12 Jun 2007 03:56:06 +0000

On June 1, 2007, China’s new Enterprise Bankruptcy Law took effect. Years in the drafting, it represents a major change from the prior law. If implemented consistently throughout China, the new law may give foreign creditors more protection than they have received in the past. Covering twelve chapters and 136 articles, the new law is designed to create a framework for business insolvencies in…

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Chapter 15: The Bankruptcy Code’s New Cross-Border Insolvency Rules

Bob Eisenbach — Mon, 12 Feb 2007 03:37:02 +0000

Chris Laughton, a UK insolvency practitioner and publisher of InsolvencyBlog.com, has a number of recent posts on the adoption in the UK of the Model Law on Cross-Border Insolvency (“Model Law”), a 1997 effort by the United Nations Commission on International Trade Law (“UNCITRAL”). That got me thinking that I should post something on the recent changes to the U.S. Bankruptcy Code on cross-border…

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