News & Publications

Suppose you own farmland or retail commercial space and you lease your property. What happens to your lease if the lessee files bankruptcy?  And what must be done if your lessee wants to continue to honor your lease despite the bankruptcy?  In In re Collins, The United States Bankruptcy Court for the Eastern District of North Carolina recently stressed that a debtor cannot informally assume an unexpired lease.  The debtor must follow the strict procedures in [...]

What happens if you are a trademark licensee and your licensor files for bankruptcy protection? Can the licensor unilaterally terminate your license and prohibit you from using the license – even if you're in the middle of a long-term contract and you are complying with the deal?  Many licensors have been doing this, using the bankruptcy courts to extricate themselves from unprofitable or unsatisfactory licensing agreements.  But on May 20, 2019, in Mission Product Holdings, Inc. [...]

The CFTC proposed rule changes relating to the treatment of DCO registration requirements in a cross-border context. Specifically, the CFTC seeks public comment on two proposals (the text of which had yet to be posted by the CFTC at the time of writing): a proposed rule that would formalize the CFTC approach to registration of non-U.S. DCOs that clear swaps for U.S. persons, and establish a process by which non-U.S. DCOs that do not pose [...]