These publications are divided below by subject or industry to illustrate the scope and intensity of Larry’s multi-disciplinary work.
Please note that publishing articles has been a means to achieving certain goals regarding selected topics. However, Larry Engel’s most useful and frequent writing has been in the form of strategic commentaries for private client briefings or for ad hoc industry planning meetings. Sometimes it is best not to alert adversaries or to deprive potential clients of the opportunity for surprise. Moreover, confidential collaborations generally produce the most useful learning for all involved. For example, Larry Engel authored early commentaries and programs on credit default swaps and other risks cited below that anticipated the last financial crisis, as well as making predictions at the listed Cayman fund conferences, but then he stopped public comments in favor of private briefings.
Intellectual Property, Commercial Technology and Related Topics
G. Larry Engel and others, Intellectual Property Considerations in Workouts,” a chapter in Business Workouts Manual (Thomson Reuters 2015).
G. Larry Engel and others, “IP Bankruptcy Strategies and Monetization: The Latest Games and Best Practices,” Bay Area Bankruptcy Forum (Oct. 2014)
G. Larry Engel and others, “Monetizing IP: Complex and Technical Legal Variables Impact the Value of IP Assets in Bankruptcy,” ABI Journal (March 2013)
G. Larry Engel and others, “Enhancing IP Licensee Rights and Defenses in the IP Licensor’s Bankruptcy,” ABI (Jan. 2013).
G. Larry Engel and others, “Crumbs Decision Protects Trademark Licensees’ 365(n) Rights,” Law 360 (Nov. 2014)
G. Larry Engel and others, “Bankruptcy Issues in Intellectual Property Transactions,” PLI (Sept. 2009)
G. Larry Engel, “Intellectual Property Rights and Strategies in Bankruptcy,” Rocky Mountain Intellectual Property & Technology Institute (May 2009)
G. Larry Engel, “Selected Intellectual Property Issues Arising in Bankruptcy Cases,” Advanced Patent Licensing 2009 (PLI 2009);
G. Larry Engel, “Intellectual Property Rights and Strategies in Bankruptcy,” 7th Annual Rocky Mountain Intellectual Property & Technology Institute (2009);
G. Larry Engel, “Failing Biotechnology Companies: Fire Sales and Bankruptcy: Risks and Opportunities in Acquiring Biotechnology Enterprises,” Biotechnology Law 2003 (Practising Law Institute 2003);
G. Larry Engel, “Non-Obvious Commercial Law Impacts on Intellectual property Rights,” ABA Annual Meeting 2003;
G. Larry Engel, “What Transactional Lawyers Need To Know About Intellectual Property,” ABA Annual Meeting 2000;
G. Larry Engel, “Intellectual Property and Related Asset Considerations in Bankruptcy Cases,” Current Developments in Bankruptcy & Reorganization (Practising Law Institute 1998);
G. Larry Engel, “Intellectual Property Considerations in Workouts,” 1997 Supplement to Rome, Business Workouts (Warren, Gorham & Lamont 1995) (together with the 1998 Supplement thereto published by West);
G. Larry Engel, “Selected Intellectual Property Security Issues For Lenders” (California Bankers Association 1999);
G. Larry Engel and others, “The Proposed Federal Intellectual Property Security Act,” a Report of the ABA Joint Task Force on Security Interests in Intellectual Property (1999); and
G. Larry Engel, “Intellectual Property and Related Asset Considerations in Bankruptcy Cases,” Current Developments in Bankruptcy & Reorganization (Practising Law Institute 1998).
G. Larry Engel, “Recent Developments In Multi-Disciplinary Intellectual Property Litigation Illustrate a Future Trend of Dysfunctional Conflicts Among Competing IP and Commercial Laws in Need of Reconciliation Based Upon Commercial Realities,” ABA (Spring Meeting 1998); “Drafting Corporate Agreements” (Practising Law Institute, 1997/1996/1995);
G. Larry Engel, “UCC Article 2B: Rewriting Commercial Law For The Digital Age; Coming Attractions And Issues For Software And Other Information Licensing Transactions,” Price Waterhouse’s General Counsel Forum (1997);
G. Larry Engel, “Selected Documentation Issues Relating To Intellectual Property Collateral,” ABA Annual Meeting (Aug. 1996);
G. Larry Engel, “Gotcha Collateral: Selected Perfection Issues Under Existing And Proposed Law” (State Bar, 1996);
G. Larry Engel, “Special Provisions To Protect Trade Secrets Being Sold in Public Foreclosure Sales,” (ABA Aug. 1996);
G. Larry Engel, “Enforcing and Defending Intellectual Property Security” (ABA Spring Meeting 1996);
G. Larry Engel, “Effectively Dealing With Intellectual Property Collateral Issues,” California Bankers Association (1993);
G. Larry Engel, “Security Interests in Intellectual Property: Current Law and Proposals for Reform,” Task Force on Security Interests in Intellectual Property (ABA 1992); and
G. Larry Engel, “The Insolvent Technology Based Company: Acquisition, Intellectual Property and Bankruptcy Problems,” (ABA 1989).
Cross-Border Insolvency and Chapter 15 Comments
G. Larry Engel, “Case Study Illustrating the Necessity of Chapter 15 Reform: In re Think3, Inc., International Insolvency Institute (Jan. 2013);
G. Larry Engel, “Cross-Border Insolvency and U.S. Chapter 15 Opportunities: Evolving Strategies and Risks,” International Bar Association. (May 2008);
G. Larry Engel, “Suggested Clarifications And Reforms for U.S. Chapter 15: The Pragmatic Cynics’ Concerns,” International Insolvency Institute 7th Annual Conference, New York, NY (June 2007); and
G. Larry Engel, “How to Make U.S. Chapter 15 Cases Work Better for Cayman Provisional Liquidators, and Chapter 11 Complications.” International Funds Conference 2008, Cayman Islands (January 2008).
At-Risk Hedge Funds, Distressed Debt Purchases / Sales, Credit Default Swaps and Financial Crisis Issues
G. Larry Engel, “Cross-Border Recovery Strategies for Insolvent Hedge Funds,” Financier Worldwide: Special Report, Global Restructuring & Insolvency (April 2007);
G. Larry Engel, “Credit Derivatives: Risk Management Challenges and Opportunities,” International Fund Conference 2009, Cayman Islands (January 2009)
G. Larry Engel, and others, “The New Variables for the Coming Recession: Credit Default Swaps,” chapter published in the book Inside the Minds: Bankruptcy Restructuring Strategies, by Thomas Reuters, Aspatore Books (2008);
G. Larry Engel, “Case Study for Distressed Condominiums: Alleged Construction Defects and Related Problems and Opportunities,” Distress Real Estate Symposium by IMN, Las Vegas (June 2008);
G. Larry Engel, “Planning Considerations for Defaults in Derivative Transactions” (June 2008)
G. Larry Engel, “What is the End Game?” Credit Default Swaps Will Climax the Economic Meltdown, as At-Risk CDS Seller Funds Lose Big, and the CDS Buyer Funds Win by Pushing Reference Parties into Bankruptcy,” Hedge Fund Institutional Forum, Senior Delegate Roundtable, Bahamas (February 2008);
G. Larry Engel, “What is the End Game? Loser CDS Sellers, Winner CDS Buyers, and the Reference Company Casualties Caught in the Cross-Fire,” Institutional Investor (February 2008);
G. Larry Engel, “New Players/New Games/New Foreclosure Strategies: Handicapping Second-Lien Versus Senior-Lien Foreclosure Disputes,” American Bar Association Annual Meeting, San Francisco (August 2007).
G. Larry Engel, “Issues Involved In Buying And Selling Nonperforming Bank Loans,” International Business Communications (New York 1993);
G. Larry Engel, “Commercial Arbitration: Winning Over the Skeptics,” Handbook on Commercial Arbitration, Second Edition AAA (2010 updated 2015); and
G. Larry Engel, “Credit Derivatives: Rick Management Challenges and Opportunities,” International Funds Conference 2009 (Jan. 2009).
Insurance Insolvency
ABI Chair, Task Force on Insurance Insolvency / Model Insurance Insolvency Law Draft
G. Larry Engel, “Enhancing Insurance Insolvency Rehabilitation Plans By Selective Bankruptcy Analogies” (ABA, August 1995);
G. Larry Engel, “Insurer Reorganizations, Merger Acquisition, Joint Ventures and Work-Outs,” ABA Annual Meeting Featured Program (August 1995);
G. Larry Engel, “Solvency Concerns With Foreign Insurers And Reinsurers/Recent Developments/U.S. Reform Efforts” (ABA National Institute 1994);
G. Larry Engel, “Policyholder Concerns Regarding Lloyd’s Insurance Recoveries In A Hypothetical Insolvency Context,” Task Force On Insurance Insolvency (ABA 1994);
G. Larry Engel, “Insurance Insolvency Reform: Lessons Learned The Hard Way,” a panel at the ABA Spring Meeting 1994;
G. Larry Engel, “If a Big Domino Falls: What Can Happen To Policyholders If A Major Foreign Insurer and Reinsurer Fails,” Task Force On Insurance Insolvency (ABA 1994); and
G. Larry Engel, “Insurance Insolvency Reform: The End Justifies a Better Means,” Task Force on Insurance Insolvency (ABA 1992) and similar panels at the 1993, 1994 and 1995 meetings.
Real Estate, Water and Related Topics
G. Larry Engel, “Current Issues In Water Law And Agricultural Finance; What Every Lender And Borrower Would Want to Know About Water, If They Knew What To Ask,” State Bar of California Annual Meeting (1993);
G. Larry Engel, “Selected Comments On Liens And Security Interests In Water Rights And Related Assets, Including Under Foreseeable Future Laws And Regulations” (State Bar of California 1993);
G. Larry Engel, “Selected Comments On Liens And Security Interests In Water Rights And Related Assets,” Western Farm Credit Bank Legal Conference (1992); and
G. Larry Engel, “Troubled Projects: Workout Techniques and Litigation Strategies,” CEB (1986).
Bankruptcy Sales and Other Strategies
G. Larry Engel, “Intellectual Property Considerations in Workouts,” 2015 and 1997 Supplements To Business Workouts Manual (Warren, Gorham & Lamont 1995) (and 1998 Supplement);
G. Larry Engel, “Bank Holding Company Insolvencies: Is the Grass Greened?” ABA Spring Meeting (April 2011);
G. Larry Engel and others, “Consummating Distressed M&A Deals Using Bankruptcy Code Section 363,” ALI-ABA (March 2011);
G. Larry Engel, “Buyers from the Atlantic to the Pacific: Distressed M&A Market Trends,” AIRA (June 2010);
G. Larry Engel and others, “Capitalizing on Change: Acquiring Distressed Companies and Assets,” ACG West Coast M&A Conference (Feb. 2009);
G. Larry Engel and others, “Delaware Bankruptcy Court Rules Secured Noteholders Cannot Bid on Their Own: The Electroglas Bankruptcy,” Bankruptcy Law 360 (Nov. 2009);
G. Larry Engel, “Failing Biotechnology Companies: Fire Sales and Bankruptcy: Risks and Opportunities in Acquiring Biotechnology Enterprises,” Biotechnology Law 2003 (Practising Law Institute 2003);
G. Larry Engel, “A New Sheriff in Town: Dealing with State Regulators in Utility Industry Bankruptcies,” (American Bankruptcy Institute 2005); and
G. Larry Engel, “Intellectual Property and Related Asset Considerations in Bankruptcy Cases,” Current Developments in Bankruptcy & Reorganization (Practising Law Institute 1998);
Commercial Finance/General Commercial Practice
Co-Chair/Author, “Asset Based Financing, Including Securitization and Acquisition Financing,” Practising Law Institute (Jan. 1995);
G. Larry Engel, “Responding To The New Fair Lending/CRA Regulations,” Task Force On Credit Crunch Causes (ABA 1994);
G. Larry Engel, “Securitization of Financial Assets, Including Problem Loans, As One Technique For Enhancing Risk Based Capital And Other Financial Reporting Results” (ABA Spring Meeting April 1993);
G. Larry Engel, “Issues Involved In Buying And Selling Nonperforming Bank Loans,” International Business Communications (New York 1993);
G. Larry Engel, “Selected Proposals to Reduce Regulatory and Financial Reporting Disincentives to Troubled Debt Restructurings,” Task Force on Credit Crunch Causes (ABA 1992);
G. Larry Engel, “Loan Splitting as a Means to Reduce Regulatory Disincentives to Restructure Nonperforming Loans,” ABA Task Force on Credit Crunch Causes (ABA Annual Meeting 1992);
G. Larry Engel, “Perfecting Security Interests In Oddball Collateral,” State Bar of California (1990);
G. Larry Engel, “Intellectual Property Financing for High-Technology Companies,” Computer Lawyer (1987) (and 19 U.C.C. L.J. 1986);
G. Larry Engel, “Advanced Commercial Transactions Involving Intellectual Property: Selected Issues of Concern To Lenders,” California Bankers Association (1997 Bank Counsel Seminar);
G. Larry Engel, “Advanced Commercial Credit Documentation and Structure Considerations: Perfecting Security Interests in Oddball Collateral,” California Bankers Association Bank Counsel Seminar (1993); and
G. Larry Engel, “Know Your Boilerplate,” California Bankers Association Bank Counsel Seminar (1982).
Alternative Dispute Resolution, Etc.
G. Larry Engel, “Arbitration Techniques To Eliminate The Fears Of Even Skeptical Parties Preferring Litigation (With Jury Trial Waivers): Illustrations In “Bet The Company” Financial Services Disputes,” AAA Dispute Resolution Journal at 32 (Fall 1997);
G. Larry Engel, “Alternative Dispute Resolution Techniques For Commercial Finance,” The Alternative Dispute Resolution Superconference (American Arbitration Association/Forbes 1997); and
G. Larry Engel, “Alternative Dispute Resolution For Commercial Financial Disputes” (ABA Spring 1997).
Miscellaneous and Exotic
G. Larry Engel, “Dealing Effectively With Bankrupt Parties To ADR Contracts: Problems and Opportunities,” The Alternative Dispute Resolution Superconference (Forbes/ACCA 10/98);
G. Larry Engel, “Insolvency and Related Risks: New Concerns For the Coming Months,” Auto Financing In the Age of Consolidation: Life After the Shakeout (1997);
G. Larry Engel, “Biting into Bitcoins: Selected Commercial and Bankruptcy Challenges,” presentation to ABA Section of International Law, 2015 Spring meeting, Washington, D.C.; and
G. Larry Engel and others, “Social Media Assets In Bankruptcy: Facebook And Twitter Accounts Subject To Reach Of Creditors,” Socially Aware: The Social Media Law Update (Morrison & Foerster LLP client newsletter, July/August 2015).