Massimo Giugliano of Davis+Gilbert LLP

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Without proper guidance, the intricacies of bankruptcy and complex financing arrangements can expose parties to significant losses and unwanted litigation. Massimo Giugliano applies his deep knowledge of bankruptcy, finance and creditors’ rights to preserve and maximize the rights of international financial institutions, national banks, mortgage originators, commercial landlords, advertising agencies and media companies.

Clients benefit from Massimo’s experience guiding businesses through all stages of credit cycles, from deal structuring to litigation to bankruptcy. With this 360-view, Massimo is able to zero in on the issues clients care about most. Whether a client needs to break through an impasse in dispute resolution or manage credit risk in a transaction, Massimo offers practical solutions that consider vendor relationships, market developments, industry standards and other business concerns.

When disputes persist, Massimo fully exerts his clients’ rights in litigation. He has steered clients through litigation both inside and outside of bankruptcy, including fraudulent and preferential transfer claims, mortgage-backed securities breach of contract and fraud claims, agency-media-advertiser disputes, and enforcement of commercial landlord rights.

Massimo has protected clients from millions of dollars in exposure. He has safeguarded advertising agencies and media companies facing insolvent advertisers, ensured the enforcement of the rights of creditors under the Bankruptcy Code and applicable law, and formulated deal structures to protect clients against counterparty credit risk.

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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