The treatment given to leases, licenses and other executory contracts in bankruptcy can create multiple and sometimes novel issues for our clients, who include software licensors and licensees, landlords, tenants, manufacturers, sellers and other executory contract counter-parties. Our team regularly advises clients on the full range of executory contract issues arising under Section 365 of the Bankruptcy Code, including cure claim issues, issues relating to the treatment of intellectual property, executory contract assumption and rejection disputes and the rights of landlords, including shopping center owners and tenants.
Representative Experience
Representing Central Maine Power Company and Unitil Energy Systems, Inc. with respect to claims arising under various executory contracts, including pole ownership, maintenance and rental agreements. Successfully resolved plan confirmation objections in favor of our clients, resulting in preservation of ongoing, post-bankruptcy indemnification obligations of the debtors under their executory contracts with CMP and Unitil. FairPoint Communications, Inc. Chapter 11 (Bankr. S.D.N.Y.)
Red Shield Environmental Chapter 11 (Bankr. D. Me.). Represented Fort James Operating Company in settling disputes concerning the ongoing vitality of deeded use restrictions following the sale of assets and assignment of leases.
Successfully represented California Department of Water Resources and California Electricity Oversight Board in opposing Calpine's proposed rejection of multi-billion dollar wholesale power purchase agreement. Calpine Corporation Chapter 11 (Bankr. S.D.N.Y.). See 337 B.R. 27 (S.D.N.Y. 2006).
Distributed Energy Systems Corp. and Northern Power Systems, Inc. (Bankr. D. Del.). Successfully preserved contested intellectual property rights of The Timberland Company under section 365(n).