Shearman And Sterling

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Jul 17, 2014

The Acquisition of IP Assets in Bankruptcy


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Associate Michael Jokic and summer associate Brooke Schachner had an article published in Intellectual Property magazine. The article, titled “The acquisition of IP assets in bankruptcy,” reviews the due diligence needs to be considered for both buyer and seller in the sale of IP assets during bankruptcy. The authors write, “While the special circumstances in the bankruptcy code were enacted to provide protection to licensees doing business with insolvent entities, they present potential pitfalls to those looking to purchase IP assets. These prospective buyers should always remain aware of these would-be snags and conduct thorough diligence before tying themselves to unknown encumbrances. Once this task is performed, however, the sale of IP assets during a bankruptcy can be a very lucrative transaction for both buyer and seller.”

View the article, The Acquisition of IP Assets in Bankruptcy