The U.S. Supreme Court resolved a split among circuit courts over the status of a trademark license after the bankruptcy licensor of the trademark rejects the license. Stephen Selbst provides the history behind the ruling and explains the 8 to 1 decision written by Judge Elena Kagan. In Mission Products Holdings v. Tempnology, the Supreme […]
Supreme Court Holds That Licensee of Rejected Trademark License May Continue to Use the Trademark
August 22, 2019
NAVIGATING ENERGY VOLATILITY: Understanding the Principles of Commodity Risk Management
August 22, 2019
Lending in commodity sectors has always been a risky business, but since the 1980 energy deregulation, market volatility has increased. Borrowers who fail to create effective risk management plans can create headaches for their lenders. John Echols and Greg Crowley make a case for effective commodity risk management.
PREPACKAGED FILINGS ARE FLYING THROUGH BANKRUPTCY: Is That Really a Good Thing?
August 22, 2019
Prepackaged restructurings are allowing companies to fly through Chapter 11 at breakneck speed. Michael Eisenband examines some recent cases and explores the ramifications and accommodations made by lenders.
IMPLEMENTATION OF ASC 606 IS HERE: What Are Increased Risks for Lenders?
August 22, 2019
The new revenue recognition guidance will go into effect for most private companies in fiscal year 2019. John Monheimius shares potential risks under the new rules for lenders and offers guidance that can help lenders protect themselves.
BUILDING GRASSHOPPER BANK FROM THE GROUND UP: New Digital Venture Bank Prepares to Fully Launch
August 21, 2019
Judith Erwin was looking forward to a hiatus from banking after Square 1 Bank — where she was a member of the founding team — was sold to Pacific Western. Instead, the prospect of building a bank with a digital foundation from scratch lured her back into the business.
STRONG MARKET TAILWINDS PROMISE BRIGHT FUTURE FOR AVIATION LENDING
August 20, 2019
For passengers, the thrill of flying has dimmed as we’ve been shoehorned into seats and charged for our in-flight beverages. Yet Jennifer Villa Tennity points out that despite these inconveniences, air travel is still booming. For aviation lenders, this is very good news.
DON’T WAIVE WAIVERS IN LOAN DOCUMENTS
August 20, 2019
Jeffrey Wurst cautions lenders “to plan your divorce before you get married,” when preparing loan documents. Incorporating waivers is one way to avoid subsequent litigation. A Texas case illustrates how even unenforceable waivers can strengthen a lender’s position.
BURNLEY CAPITAL LAUNCHES TO PROVIDE BORROWERS WITH MORE THAN A CHECKBOOK
August 20, 2019
Burnley Capital, a new ABL lender, is a partnership between a lender in Boston and a management consultant in Minneapolis, but thanks to the wonders of modern technology, the pair are able to work together without relocating. They offer borrowers more than a checkbook; the company sees the value-added assistance it provides as a way to help borrowers succeed.
