is a Senior Associate at Farella Braun + Martel in San Francisco. He has extensive experience advising and representing operating companies, pooled investment vehicles, and individuals in complex business transactions. His experience and legal knowledge base stretch throughout all stages of the business lifecycle and across multiple industries, which he draws on to provide strategic, effective and thoughtful representation to help his clients achieve their often novel or challenging transactional goals. He frequently negotiates mergers and acquisitions and other private equity and venture capital investments, and he advises investment managers and private funds on structural issues and compliance with federal and state laws governing pooled investment vehicles.
During periods of widespread economic disruption such as the present, operating businesses must be able to identify and respond to threats to the financial health of their contracting counterparts in order to protect key company assets. For companies that license intellectual property from third parties, such as copyrights, trademarks or patents, the bankruptcy of a licensor could have a serious impact on the company’s ability to use those assets, which in turn could materially impair the value of the company assets or significantly hinder a company’s ability to serve its clients. This article will describe the consequences of bankruptcy on licensed intellectual property and outline steps licensees can take to protect their intellectual property rights in the face of a licensor’s insolvency.