First Circuit’s Rejection of Sunbeam Sheds a Different Light on § 365(n)

In the May 2018 edition of the American Bankruptcy Institute Journal, attorneys Lynne Xerras and John Monaghan co-authored an article focused on the interpretive challenge of code 11 U.S.C. § 365(n). Due to the ambiguity of this bankruptcy code–caused mainly by a critical omission in its definition by Congress and further complicated through varying interpretations in courts–executory intellectual property (IP) licenses can be treated differently depending on where their licensor files its bankruptcy case.

READ: First Circuit’s Rejection of Sunbeam Sheds a Different Light on § 365(n)