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How to Handle Social Media Accounts and other Intangible Property in Bankruptcy
Original Program Date :
In a recent Bankruptcy Court decision the court addressed the novel issue of whether a company founder’s social media account was the property of the bankrupt corporate debtor’s estate or the personal property of the owner. This case highlights the issues that Bankruptcy courts and trustees now need to address regarding newly developed online assets, including things like social media accounts, websites, blogs, email lists. The seminar will also address how Arizona exemption laws, which provides an exemption for marketing tools, such as “websites, domain names and other intangible work product,” may apply this analysis. The discussion will also cover issues like how traditional definitions of intellectual property relate to the statutory definition of intangible work products; how a bankruptcy trustee can control the use of such intangible property, and whether the debtors or customers' expectations of privacy might affect the use of such intangible property.
Speakers:
Larry D.Hirsch, Parker Schwartz PLLC
Adam B. Nach, Lane & Nach PC
Ira M. Schwartz, Parker Schwartz PLLC
Lawrence D Hirsch, Parker Schwartz PLLC
Lawrence D. Hirsch has practiced in Phoenix for 30 years and has a broad range of experience in all aspects of Bankruptcy practice and debtor/creditor practice, including loan workouts.
Mr. Hirsch received his undergraduate degree from Kenyon College with a degree in History and graduated cum laude from Gonzaga University School of Law. Mr. Hirsch was admitted to the Arizona Bar in 1977, the Washington State Bar in 2014, the United States District Court in 1977, the Ninth Circuit Court of Appeals in 1995, and the United States Supreme Court in 1996. Mr. Hirsch was the recipient of the American Jurisprudence Award in Constitutional Law in 1976. He is the co-author of Til Debts Due Us Part, Arizona Bar Journal (Nov. 1987), and is a frequent lecturer for the State Bar of Arizona, the Maricopa County Bar Association, NBI, and ACBC. He is a certified specialist in Bankruptcy Law by the State Bar of Arizona and is AV rated by Martindale Hubbell. Since 2009 he has been recognized by his peers in the legal community as a "Southwest Super Lawyer" in his specialty.
Mr. Hirsch received his undergraduate degree from Kenyon College with a degree in History and graduated cum laude from Gonzaga University School of Law. Mr. Hirsch was admitted to the Arizona Bar in 1977, the Washington State Bar in 2014, the United States District Court in 1977, the Ninth Circuit Court of Appeals in 1995, and the United States Supreme Court in 1996. Mr. Hirsch was the recipient of the American Jurisprudence Award in Constitutional Law in 1976. He is the co-author of Til Debts Due Us Part, Arizona Bar Journal (Nov. 1987), and is a frequent lecturer for the State Bar of Arizona, the Maricopa County Bar Association, NBI, and ACBC. He is a certified specialist in Bankruptcy Law by the State Bar of Arizona and is AV rated by Martindale Hubbell. Since 2009 he has been recognized by his peers in the legal community as a "Southwest Super Lawyer" in his specialty.
Ira M Schwartz, Parker Schwartz PLLC
is a partner in Parker Schwartz, PLLC located in Phoenix, Arizona. He practices primarily in the area of technology law, including intellectual property, representing a broad range of clients from large corporations and universities, to small and medium sized high tech businesses, to individual artists, authors and inventors. His practice includes preparing licensing and royalty agreements, manufacturing and distribution agreements, and enforcing and defending patent, trademark, copyright infringement and trade secret misappropriation cases in federal and state courts. In addition to his active intellectual property litigation practice, he regularly serves as a mediator and an arbitrator. Mr. Schwartz can be reached at ischwartz@psazlaw.com or (602) 282-0477. 01/18
Adam B Nach
Adam Nach (Adam.Nach@lane-nach.com). Mr. Nach received his Bachelor of Science in Accounting from the University of Arizona. He received his Juris Doctor from California Western School of Law. Mr. Nach was the judicial law clerk to the former Chief Bankruptcy Judge for the District of Arizona, the Honorable Robert G. Mooreman. He is a frequent lecturer on bankruptcy law and creditors’ rights and has written extensively on such matters for the Norton Bankruptcy Institute, the National Association of Bankruptcy Trustees, the Arizona State Bar, and the National Business Institute and Strategic Alternatives For And Against Distressed Businesses. Mr. Nach is admitted to the United States Supreme Court, the 9th Circuit Court of Appeals and State Bar of Arizona. Mr. Nach is a Board Certified Bankruptcy Law Specialist – State Bar of Arizona and Board Certified – Creditors’ Rights Law – American Board of Certification and Martindale-Hubbell AV rated. Mr. Nach also serves as a Court Appointed Receiver and Trustee for complex Trusts.
