Emerging Financing Strategy: Using IP Assets as Collateral
Legal Strategies for Borrowers and Lenders in Asset-Based Lending Transactions
Recording of a 90-minute premium CLE webinar with Q&A
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.
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
He counsels clients on commercial transactions relating to the worldwide acquisition, sale, licensing, exploitation and... | Read More
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.
Close
Christopher G. Dorman
Partner
Phillips Lytle
He concentrates his practice in the area of banking and commercial law, including secured lending, asset based... | Read More
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.
Close
Ron Ben-Yehuda
Partner
Gibson Dunn & Crutcher
He has negotiated numerous sales of IP or of businesses that hold significant IP and run the associated IP audits or... | Read More
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.
Close