1 J. High Tech. L. 1 (2002)

handle is hein.journals/jhtl1 and id is 1 raw text is: SUFFOLK UNIVERSITY LAW SCHOOL
JOURNAL OF HIGH TECHNOLOGY LAW

VOL. I                                 2002                                  No. 1
ARTICLES
Cite as: 1 J. HIGH TECH. L. 1 (2002)
The Internet Bankruptcy: What Happens When the Bell Tolls
for the eCommerce Industry?
Warren E. Agin
Swiggart & Agin, LLC
Boston, Massachusetts
AN INTRODUCTION TO E-COMMERCE AND INSOLVENCY ISSUES
Not long ago most business and intellectual property lawyers representing
Internet start-ups thought they had no need for knowledge of the bankruptcy
world. Bankruptcy attorneys knew no better, thinking that Internet companies
never really failed - at worst they just closed their doors quietly while the VC
paid any creditors. Both sides of the fence know better now and are learning
that the technologies that revolutionized intellectual property law, tort law, and
business have the potential to also revolutionize bankruptcy and commercial
law. The last two years saw a trickle of eCommerce and telecommunication
bankruptcies turn into a flood and, along the way, found several books and
articles published by the people on the front lines. This article summarizes
some of the relevant and emerging issues.
Warren E. Agin is a bankruptcy and eCommerce attorney in Boston, Massachusetts. Author of BANKRUPTCY
& SECURED LENDING IN CYBERSPACE, 2ND ED. (Bowne 2001) and chair of the ABA's Electronic Transactions
in Bankruptcy Subcommittee. Mr. Agin actually prefers surfing the Web to writing articles like this.
1. WARREN E. AGIN, BANKRUPTCY AND SECURED LENDING IN CYBERSPACE, 2m EDITION (Bowne & Co.,
Inc. 2000, 2001), THOMAs M. WARD, INTELLECTUAL PROPERTY IN COMMERCE (West Group 2000), Jonathan C.
Lipson, Financing Information Technologies: Fairness and Function, 2001 Wis. L REV. 1067 (2001), Brent R.
Cohen and Thomas D. Love, Acquiring and Enforcing Security Interests in Cyberspace Assets, 10 J. BANKR. LAW
& PRAc. 423 (2001), William P. Weintraub, Reorganizing High-Tech Businesses - I Need Help, Find Me Some
lawyers Who Wear Suits,  9 J. BANKx. LAw & PRAc. 547 (2000), Marjorie Chertok and Warren E. Agin,
Restart.com: Identifing, Securing and Maximizing the Liquidation Value of Cyber-Assets in Bankruptcy
Proceedings, 8 AM. BANKR. INST. L. REv. 225 (2000).
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Copyright © 2002 Journal of High Technology Law. All Rights Reserved. ISSN 1536-7983

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