In one of our recent posts, we discussed a drug maker's decision to file for Chapter 11 bankruptcy protection, which provides the company with an automatic stay against creditor actions. While Chapter 11 certainly has its benefits, such as letting the filer continue...
Let's say you've worked hard for years to build a profitable business. You may have even spent significant time away from your family to raise finances and manage operations. As an entrepreneur, you probably realize, too, that once your company reaches a certain level...
On September 15, 2014, the Ninth Circuit Court of Appeals ("Court") issued the opinion Hawkins v. the Franchise Tax Board of California, et. al., Case No. 11-6276, pursuant to which the Court held that claims for non-dischargeability under Bankruptcy Code Section...
In Cruz v. Strauss (In re Cruz), 2014 Bankr. LEXIS 3687(B.A.P. 9th Cir. Aug. 29, 2014), the Bankruptcy Appellate Panel for the Ninth Circuit recently affirmed retroactive annulment of the automatic stay to validate a foreclosure sale. In Cruz, a five-percent interest...
The need for Chapter 11 bankruptcy protection can arise under a wide variety of circumstances. For antiviral drug maker Siga Technologies Inc., a costly judgment in a licensing dispute not only jeopardizes the company's viability; enforcement of the judgment could...
A non-practicing entity or patent assertion entity -- pejoratively referred to as a patent troll -- is an individual or company that brings a patent infringement claim in an effort to collect licensing fees in connection with a product or service not actually...
When it comes to contract negotiations between hospitals and insurers, deadlock is not uncommon. Both sides must account for a multitude of factors in an ever-changing health care industry, and sometimes extended negotiation is necessary to reach an agreement that is...
Protecting intellectual property is crucial to giving businesses the competitive edge they need to thrive. Whether you intend to enforce or defend against a claim of patent or trademark infringement, it is important have on your side a legal team with experience in...
The Ninth Circuit Bankruptcy Appellate Panel ("BAP") recently issued the opinion, Sterba v. PNC Bank (In re Sterba), BAP No. NC-13-1590-KuDJu (9th Cir. BAP Aug. 27, 2014), which held that the bankruptcy court improperly relied on California's choice of law rules...
The Ninth Circuit recently issued the opinion, Mastro v. Rigby, No. 13-35209 (9th Cir. Aug. 22, 2014), which held that the bankruptcy court has authority to enter judgment on Stern claims based on the parties' consent. In this case, Linda Mastro ("Ms. Mastro"), the...