Massimo Giugliano of Davis & Gilbert

Massimo Giugliano of Davis & Gilbert

Massimo Giugliano is counsel in the Corporate and Insolvency, Creditors’ Rights & Financial Products Practice Groups of Davis & Gilbert. He has a multidisciplinary practice spanning transactional, bankruptcy and litigation, and advises financial institutions and service oriented businesses on a range of matters, including commercial finance agreements, compliance issues and creditors’ rights under the Bankruptcy Code and Uniform Commercial Code (UCC). Mr. Giugliano is also involved in all aspects of the firm’s corporate practice.

In addition, Mr. Giugliano counsels clients in connection with disputes and litigation involving residential mortgage-backed securities (RMBS), and has developed particular knowledge in bankruptcy-related litigation involving fraudulent and preferential transfer claims. In recognition of his achievements, Mr. Giugliano was selected as a Rising Star by New York Metro Super Lawyers(2016-2018).

Prior to joining Davis & Gilbert, Mr. Giugliano was a bankruptcy attorney at Curtis, Mallet-Prevost, Colt & Mosle LLP and also served as a judicial law clerk for the Honorable Burton R. Lifland of the U.S. Bankruptcy Court for the Southern District of New York.

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Trademark License Rights Survive Rejection in Bankruptcy

Settling a circuit split, the U.S. Supreme Court, in an 8-1 decision, has concluded that a trademark licensee’s rights are not automatically terminated when a debtor in bankruptcy rejects the license agreement. The case, Mission Product Holdings, Inc. v. Tempnology, LLC (Mission Product), arose from a pre-bankruptcy trademark license agreement between Tempnology, LLC, the bankrupt debtor, and … Continue Reading