Emerging Financing Strategy: Using IP Assets as Collateral
Legal Strategies for Borrowers and Lenders in Asset-Based Lending Transactions
Recording of a 90-minute CLE webinar/teleconference with Q&A
Conducted on Wednesday, October 21, 2009
Recorded event now available
This seminar will examine the use of intellectual property assets in arranging financing, which has emerged as a valuable alternative financing strategy in the current economy. The panel will review key legal issues for borrowers and lenders to minimize the risks associated with the use of IP as collateral.
Description
Asset based lending with IP collateral may be ideal for a distressed business whose IP collateral is more certain than its financial performance or cash-generating capabilities. In the bankruptcy setting, this could very well be the company’s only vehicle for debtor-in-possession financing.
From the lender's perspective, IP assets have become a more substantial portion of a company’s total assets. In the current economic environment where balance sheets of many businesses are thin, IP is an essential piece of the collateral pool available to borrowers and lenders.
There are unique risks to lending against IP that lenders must take steps to mitigate. For example, there are special rules governing the perfection of security interests in IP assets due to the overlap between UCC Article 9 and federal law governing IP assets like patents.
Listen as our authoritative panel of attorneys discusses the key factors for businesses to consider in obtaining IP asset-based financing and what borrowers and lenders must do to mitigate risks and protect their interest in the event of default.
Outline
- Key concerns for businesses using IP as collateral
- Weighing the risks and benefits
- Well-managed IP portfolios
- Developing an exit strategy
- Key concerns for lenders and investors
- Weighing the risks and benefits
- Perfecting security interest in IP assets
- UCC Article 9 v. federal law
- Copyrights, trademarks, and patents
- Trade secrets, software licenses, domain names and other non-registrable rights
- Developing an exit strategy
- Borrower distress/default
Benefits
The panel will review these and other key questions:
- What steps must a business take to leverage its intangible assets value?
- How does perfecting a security interest in IP assets differ from perfecting an interest in tangible assets?
- What steps should lenders take to protect their interest in the event of default?
Faculty
Scott J. Lebson,
Partner
Ladas Parry, New York
He counsels clients on commercial transactions relating to the worldwide acquisition, sale, licensing, exploitation and securitization of intellectual property rights. His transactional work also includes extensive structuring and negotiating of trademark, copyright, content, software, technology and merchandise licenses in a broad range of industries.
Christopher G. Dorman,
Partner
Phillips Lytle, New York
He concentrates his practice in the area of banking and commercial law, including secured lending, asset based financing, trade finance, factoring, acquisition financing, intellectual property finance, loan restructuring and workouts, leasing and telecommunications law.
Ron Ben-Yehuda,
Partner
Gibson Dunn & Crutcher, Los Angeles
He has negotiated numerous sales of IP or of businesses that hold significant IP and run the associated IP audits or due diligence. As a former general counsel of a public software company, he combines extensive industry experience, expertise in IP and contract law, and practical business sense to help clients structure successful transactions and relationships involving technology and IP rights.
Ordering
Online CLE - Audio Recording
Includes audio streaming of full program plus handouts (available 24 hours after live seminar).
CLE:
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Online CLE Audio $149.00
Available 24 hours after the live event
Recorded Event
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Available three business days after the live event
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Available ten business days after the live event
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Available ten business days after the live event
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Customer Reviews
I liked the substance of the program and the ease of participating.
Paul L. Hammann
First American Title Insurance Company
I liked the topic and the fact that Strafford kept to the time schedule.
Susan Piperno
Gottlieb Rackman & Reisman, PC
The speakers were knowledgeable and presented useful information.
Karen Shaffer-Levy
Reed Elsevier
The webinar offered excellent insight into some specific areas.
Beth Ann R. Lawson
Virginia Beach Law Group
The subject matter was timely and important, and the webinar format is well suited for this topic.
Dennis Brennan
Saul Ewing LLP
Finance Law Advisory Board
Partner
Gibson Dunn & Crutcher
Partner
Nixon Peabody
Partner
Alston & Bird
Counsel
Mayer Brown
Partner
O’Melveny & Myers
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