In the November-December 2024 edition of the Intellectual Property & Technology Law Journal, Togut Firm attorneys Brian F. Moore and John C. Gallego analyze assignments of personal services contracts in bankruptcy in an article titled “Pavarotti Is Pavarotti” – Vice: An Exploration of Personal Services Contract Assignment.
In the article, Mr. Moore and Mr. Gallego provide an excellent discussion as to the treatment and scope of proposed assignments of personal services contracts under section 365 of the Bankruptcy Court, which are governed by non-bankruptcy state law, as well as (i) the intersection of bankruptcy and intellectual property law, (ii) the broader implications for assignment of personal services agreements, and (iii) a recent SDNY bankruptcy court decision approving the assignment of a license agreement over an objection by the counter-party who asserted that the license was a “personal services” contract that could not be assigned without consent under applicable state law and how the decision fits within the emerging trends in this area of the law.
A copy of the article can be found here.
