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June 25, 2026 - Article

Identifying and monetising IP in US insolvency proceedings

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In the article, Evan points out that monetisable IP includes the traditional categories of patents, trademarks, copyrights, and trade secrets, but that “monetisable value often extends well beyond these formal categories and may also encompass certain emerging and hybrid assets: Domain names, NIL right, Memes and digital content, and AI-related assets.”

Evan emphasizes that, “[W]hen a company begins to experience financial distress, it should conduct an IP audit with the assistance of bankers, brokers, IP counsel, valuation advisers and other specialists where appropriate…Timing is critical because IP value can depreciate rapidly in distressed situations…Practitioners and companies with IP assets should incorporate insolvency contingency planning into their IP portfolio management to ensure they have the best chance of success in an insolvency proceeding.” Read the article.