James Sullivan Discusses Intersection of IP and Bankruptcy in the National Law Review

The National Law Review quoted James Sullivan in its article, “What Happens to a Business's IP Rights When It Files for Bankrupt,” on August 3. Sullivan discussed the growing importance of understanding how intellectual property and bankruptcy laws intersect, noting that the treatment of IP rights in bankruptcy can significantly impact the future of a business.

“While the Bankruptcy Code defines ‘intellectual property,’ excluding trademarks and foreign IP, bankruptcy courts often defer to non-bankruptcy law (like state or federal IP law) to determine rights. This matters because the protections under the Code, like the ability to assume or reject a license, depend on what is ultimately defined as IP.”

The full article is available here.