Managing Intellectual Property

How to ensure IP doesn’t block the deal

22 June 2009

Peter Ollier, Hong Kong

When Lehman Brothers collapsed in September last year the final negotiations on selling off the bank’s Asian assets to Japanese rival Nomura had a surprising sticking point: IP

“It is not an industry where you could expect there to be a lot of IP, but that was the topic that was keeping people at the table at 5am,” said Julie Van Nuffel, an associate in the Hong Kong office of Linklaters, who acted for the liquidators in the deal.

By that stage, Barclays Capital had bought the core US business of Lehman Brothers and, along with it, most of the failed bank’s IP. Nomura, which wanted to buy the Asia-Pacific business of Lehman Brothers, had to negotiate with Barclays Capital to...



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