Asset Sales

Hosted by the Asset Sale Committee

Marijuana-related businesses are being denied access to bankruptcy relief in all but a tiny handful of cases. This webinar will discuss prospects for success in bankruptcy court, available alternative methods of affording relief to troubled cannabis businesses, and possibilities for changes in the regulatory climate.

The purchaser has bought all the assets, and management has a new boss. Who is left to clean up, and what are the tax, governance, potential claims against management and D&O implications that need to be addressed should the case convert? This session will address these issues and more.

This panel will explore hot-button issues relating to sales, including: limitations on credit bidding; successor liability and related due process considerations; releases for purchasers under sale orders; and the standard for allowance of break-up fees. The panel will also reflect on lessons learned from the emergency section 363 sale of Lehman.

The First Circuit Court of Appeals decision in Mission Product Holdings Inc. v. Tempnology LLC held that the absence of trademarks from the definition of intellection property in § 101(35A) of the Bankruptcy Code means that, unlike other types of intellectual property, a licensor’s rejection of a trademark license deprives its licensee of any right to continued use of the mark.

Hosted by the Asset Sales Committee

This webinar will discuss the benefits and disadvantages of conducting a sale of assets pursuant to section 363 of the Bankruptcy Court compared to an out of court sale. The webinar will provide a general introduction to these issues as well as provide experienced practitioners with a nuanced high level discussion regarding applicable case law, hot button issues, pitfalls to avoid and war stories from the trenches.

Speakers:

Dawn M. Cica