On May 20, 2019, in Mission Product Holdings, Inc. v. Tempnology, LLC, 587 U.S. ___ (2019), the Supreme Court resolved an area of ongoing concern for parties to trademark licenses. The court addressed a circuit split on whether a trademark licensee may continue to use a trademark for the term of the license, after the license has been rejected in bankruptcy. In Mission, the debtor-licensor rejected a trademark license agreement and sought to terminate the licensee’s right to use the debtor’s trademark. This decision has important ramifications to parties to trademark licenses.
Vincent Indelicato is a partner in Proskauer’s Corporate Department, and a member of both the Business Solutions, Governance, Restructuring & Bankruptcy and Private Credit Restructuring Groups. His practice focuses on corporate restructurings, with an emphasis on the representation of direct lenders, ad hoc groups, bondholders and creditors’ committees both out of court and in chapter 11. He is frequently consulted by leading distressed hedge funds, BDCs, private credit lenders, private equity investors and creditors on complex domestic and international insolvency and restructuring issues, including intercreditor and interlender matters, across a variety of industries. Vincent is also part of the Firm’s cross-disciplinary, cross-jurisdictional Coronavirus Response Team helping to shape the guidance and next steps for clients impacted by the pandemic.
Vincent has been recognized by the American Bankruptcy Institute for his “formidable courtroom presence with natural dealmaker instincts” as a recipient of the 40 Under 40 Award, and an Outstanding Young Restructuring Lawyer by Turnaround and Workouts. Chambers USA, America’s Leading Lawyers for Business describes Vincent as “incredibly thoughtful” and “a smart practitioner,” who “lobbies hard for his clients” and “is aggressive in his approach, but practical when it comes to dealmaking.” The Chief Executive Officer of a client recently told Bloomberg Law that “his mind is automatically strategic. And in tough situations, he never goes on defense. He has the ability to manage multiple personalities and temperaments to get them focused on the end game.” Reorg, one of the most widely-followed publications in the distressed investing community, also selected Vincent as the inaugural guest of its Professional Spotlight podcast.
Over the last decade, Vincent has played a lead role in some of the most significant corporate reorganization cases in the United States. These include his representation of the Statutory Committee of Unsecured Claimholders in the chapter 11 cases of Caesars Entertainment Operating Company Inc., which filed for bankruptcy with more than $18 billion of funded debt; the Los Angeles Dodgers in their $2 billion acquisition by Magic Johnson and Guggenheim Partners; Brookfield Asset Management in the $2.5 billion debt restructuring of Kerzner International’s Atlantis Bahamas Resort; and J.P. Morgan and other substantial creditors in the chapter 11 cases of MF Global, a financial services company with $41 billion in assets.
Vincent has been widely recognized in the restructuring community as a thought leader. He writes frequently on restructuring topics, and his writing has been featured in, among other publications, The Wall Street Journal Bankruptcy Pro, The American Bankruptcy Institute Journal, Law360 and The Bond Buyer. He has also assisted Martin Bienenstock as an Adjunct Professor of Corporate Reorganization at both Harvard Law School and Michigan Law School.
He serves as a member of the American Bankruptcy Institute’s Views from the Bench Advisory Board, the Federal Bar Counsel Bankruptcy Litigation Committee and is a Term Member of the Council on Foreign Relations. Vincent was selected to participate in the National Conference of Bankruptcy Judges NextGen Program, and also serves as a Member of the Harry S. Truman Scholarship Leadership Council.
A Harry S. Truman Scholar, Vincent graduated from University of Michigan Law School as commencement speaker. Prior to law school, he served as the Special Assistant to United States Senator Charles E. Schumer and worked as a personal aide to John C. Whitehead, former chairman and senior partner of Goldman Sachs. He also led a team of entrepreneurs to bring the world’s first hybrid taxicab to New York City.
Vincent graduated with an English degree from Haverford College, where he served as president of the student body and was one of 16 college students from the United States to be selected as a Goldman Sachs Global Leader. He was a visiting student of English at Pembroke College, Oxford University. A native New Yorker, Vincent attended Regis High School, a tuition free private high school for young men who demonstrate superior intellectual and leadership potential.