Readers of this newsletter will note our regular interest in the chapter 11 proceedings of Cred Inc. and its affiliates.
A recent decision in the criminal case against the founder of a now-defunct-but-once-cutting-edge life science start-up affirmed that corporate attorney/client privilege lies in the hands of estate fiduciaries, not the company or its executives.
On March 1, 2021, Brazos Electric Power Cooperative, Inc. filed for chapter 11 protection in the U.S. Bankruptcy Court for the Southern District of Texas. In its first-day pleadings, Brazos cited the catastrophic weather events in Texas in February as the sole cause of the company’s insolvency.
On March 11, 2021, Cred. Inc. and its affiliates confirmed a liquidating plan under chapter 11 of the U.S. Bankruptcy Code.
Despite the challenges of the COVID-19 pandemic, 2020 was a successful year for the Emerging Industries and Technology Committee. Committee membership has steadily increased over the last year.
The Crescent Dunes Solar Energy Project in Nye County, Nev., is one of the largest utility-scale solar power plants in the U.S. The project utilizes more than 10,000 heliostats, or large mirror assemblies, to collect and focus the sun’s thermal energy, which the project then uses to generate electricity for sale.
It is a commonly accepted rule across the country that if a debtor has direct connections with marijuana – for example, cultivating the plant or leasing space to a dispensary or grow facility – that the debtor cannot seek relief under the U.S.
On Sept. 15, 2020, Flywheel Sports Inc. and its affiliates filed chapter 7 petitions with the U.S. Bankruptcy Court for the Southern District of New York. Flywheel’s filing continues the trend of gym and personal fitness companies, including venerable national chains Gold’s Gym and 24 Hour Fitness, seeking bankruptcy protection during the COVID-19 pandemic.
Matter of Provider Meds L.L.C. involved contract rejection and related issues the Fifth Circuit stated it and most circuits had not previously considered. Tech Pharmacy Services (TPS) held a patent on methods involving remote pharmaceutical dispensing (the IP).
Editor’s Note: The following article, “From Sunbeam to In re Tempnology: Solving the Trademark Puzzle with a Burden-Shifting Framework” won the prize for second place in the Tenth Annual ABI Bankruptcy Law Student Writing Competition. Mr.
Hosted by the Health Care, Real Estate, and Technology and Intellectual Property Committees This panel will explore the rapidly changing world of information technology and medical device technology, and how it is transforming the health care system in America. Just as importantly, the panelists will discuss the financial implications and issues impacting health care providers due to the costs associated with these technological changes, and how they are dealt with in the circumstance of a financially distressed health care business.
This panel hosted by the Ethics & Professional Compensation and Technology & Intellectual Property Committees will navigate the use and impact of the media in any bankruptcy case can pose challenging ethical dilemmas that are only exacerbated in highprofile cases. The panelists will explore these issues and share some of their personal insights and stories."
Crossing the Digital Divide: How to Use Social Media to Augment Your Practice
The ABI Bankruptcy Litigation Committee recently published a newsletter with articles focusing on IP matters in bankruptcy litigation. Following publication of the newsletter, authors invited members to dial in for further discussion of the topic and articles.
Using Technology Effectively: Strategies for Courtroom Success
Markus Williams Young & Hunsicker LLC
Nelson Mullins Riley & Scarborough, LLP
Hendren, Redwine & Malone, PLLC
Membership Relations Director
Duane Morris LLP