While Donald Trump’s presidential aspirations and “Celebrity Apprentice” hosting duties make for interesting copy, the most recent news concerning him relates to the bankruptcy case of Trump Entertainment and the interaction between bankruptcy and trademark law. To learn more, click on the link below to an article recently published by the online news site Hotel News Now: http://www.hotelnewsnow.com/Article/15733
Trademark Licensor Rights Trump Bankrupt Licensee
The Enforceability of Liquidated Damages Clauses
The enforcement of a liquidated damages clause can mean the difference between money in a party’s pocket with little effort versus a protracted and expensive court battle. To learn more, click on the link below to an article recently published by the online news site Hotel News Now: http://www.hotelnewsnow.com/Article/15177/Enforceability-of-liquidated-damages-clauses
Recommendations of the ABI Commission to Study the Reform of Chapter 11: Intellectual Property Licenses
Beginning in 2012, a distinguished group of bankruptcy attorneys, academics and judges known as the American Bankruptcy Institute (ABI) Commission to Study the Reform of Chapter 11 (the Commission) held periodic meetings throughout the U.S. to analyze and discuss comprehensive reforms to chapter 11 of the Bankruptcy Code. The results of their analyses and recommendations were published on Dec. 8, 2014, in a written format, Final Report and Recommendations (the Report).[1] Not counting appendices, the…
Franchisor Strikes Out in Bankruptcy Court
Occasionally, a case comes along that shows how things can go wrong for a franchisor in bankruptcy court. Cumberland Coral, LLC, is just such a case. To learn more about the case and the issues raised for franchisors and franchisees, click on the link below to an article recently published by the online news site Hotel News Now: http://www.hotelnewsnow.com/Article/14749
How Bankruptcy Affects Franchise Agreements
Few assets in the hospitality industry are more valuable and important than the franchise agreements. The bankruptcy filing of a franchisor or a franchisee can greatly increase the uncertainty of how and when the provisions of a franchise agreement will be enforced. To learn more, click on the link below to an article recently published by the online news site Hotel News Now: http://www.hotelnewsnow.com/Article/14427
It Matters Whether an Agreement is “Executory”
A recent decision by the full contingent of judges from the Eighth Circuit Court of Appeals (covering seven Midwest states) demonstrates that a common bankruptcy term should be added to your vocabulary. That term is “executory.” To learn more, click on the link below to an article recently published by the online news site Hotel News Now: http://www.hotelnewsnow.com/Article/14126
Preparing for a Franchisor Bankruptcy Filing
For franchisees, weathering a franchisor bankruptcy filing requires preparation, including obtaining a working knowledge of the particular issues raised in such a filing. To learn more, click on the link below to an article recently published by the online news site Hotel News Now: https://www.hotelnewsnow.com/Article/Index/13595