Michael L. Schein, Shareholder, and Brandon J. Fleischman, Associate, co-published the article “Licensing Issues in Today’s Bankruptcy World” in a recent issue of Journal of Commercial Biotechnology. This article examines the impact of federal bankruptcy law on licensing counterparties and provides guidance to licensees and licensors regarding preservation of their respective rights in connection with a bankruptcy filing.

Giving an overview of the legal framework of the bankruptcy process, including a discussion of Bankruptcy Code section 365(n), the authors discuss drafting and negotiation tips that industry counterparties can use to assist in the protection of their interest in the event of a bankruptcy filing.

Mr. Schein and Mr. Fleischman are both members of the Corporate Reorganization, Bankruptcy and Insolvency group in the firm’s New York office.

Source: Journal of Commercial Biotechnology advance online publication, March 29, 2011.