Large Cap
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February 05, 2025
Judge Nixes Jones's Ch. 7 Deal With Sandy Hook Families
A deal proposed by the Chapter 7 trustee in the bankruptcy case of right-wing conspiracy peddler Alex Jones that would have resolved the nearly $1.5 billion in claims held by the families of Sandy Hook school shooting victims failed to gain court approval Wednesday when a Texas judge said he couldn't grant the requested relief.
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February 05, 2025
Girardi Keese Trustee Sues NY Atty Who Funded Girardi
The bankruptcy trustee for disgraced California attorney Tom Girardi's defunct law firm is suing to prevent New York attorney Joseph DiNardo from discharging $7.5 million in his own bankruptcy, claiming DiNardo received the money by helping Girardi defraud his own clients.
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February 05, 2025
Purdue Pharma Seeks To Wind Down Pension Plan For $43M
Purdue Pharma LP has asked a New York bankruptcy judge for permission to terminate a pension plan that has more than 3,000 participants, arguing the present value of the plan's assets and favorable economic conditions make it a "particularly opportune time" to wind it down.
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February 04, 2025
Commercial Ch. 11s Up 16%, Outpacing Individual Filings
Commercial Chapter 11 filings rose by 16% in January compared to the same month a year before, exceeding the increase in consumer bankruptcy filings over the same period, according to data provided by legal tech firm Epiq AACER.
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February 04, 2025
Bankruptcy Group Of The Year: Paul Hastings
Paul Hastings LLP spent 2024 representing renowned bankruptcy cases, including FTX, Core Scientific, WeWork and Diamond Sports Group's Chapter 11, helping various creditors recover billions of dollars and overcome challenging restructuring hurdles, earning the firm a spot as one of the 2024 Law360 Bankruptcy Groups of the Year.
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February 04, 2025
Implant Maker Exactech Must Fix Disclosures For Ch. 11 Vote
A Delaware bankruptcy judge on Tuesday rejected medical implant maker Exactech Inc.'s bid to send its Chapter 11 plan out for voting, saying a disclosure statement attached to the proposal lacked critical information about how personal injury claims would be treated.
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February 04, 2025
King & Spalding Adds Restructuring Partners In New York
King & Spalding LLP said it has hired away two Alston & Bird partners for the firm's bankruptcy stable.
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February 03, 2025
Orrick Pressed On Past Work For SmileDirectClub Trustee
A Texas bankruptcy judge on Monday asked a law firm why it didn't disclose previous work it did for the Chapter 7 trustee liquidating SmileDirectClub when it applied to be special litigation counsel, saying he needs more information about Orrick Herrington & Sutcliffe LLP's work in connection to an ongoing investor lawsuit against the defunct teledentistry group's executives.
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February 03, 2025
Trustee Objects To White & Case Pay In Terraform Ch. 11
The U.S. Trustee's Office has asked a Delaware bankruptcy court to reject a roughly $431,000 request by White & Case LLP for work on behalf of the official committee of unsecured creditors in defunct cryptocurrency company Terraform Labs' Chapter 11, saying the firm was never formally retained by the committee and the work was ineligible.
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February 03, 2025
Jackson Walker Ethics Case Shelved Over Lack Of Authority
A Houston federal judge on Monday recommended closing an ethics case against Jackson Walker LLP over its supposed knowledge of a firm attorney's relationship with a judge, finding the court lacked the authority to pursue sanctions against a law firm.
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February 03, 2025
Lenders Want Willkie Out Of Franchise Group Ch. 11
An ad hoc group of lenders in retail chain operator Franchise Group Inc.'s Chapter 11 has objected to the company's request to retain Willkie Farr & Gallagher LLP, arguing the firm cannot represent the debtor and its affiliates due to "red flags" indicating conflict of interest.
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February 03, 2025
Bankruptcy Group Of The Year: Akin
The more than 100 restructuring lawyers at Akin Gump Strauss Hauer & Feld LLP have untangled some of the most complex Chapter 11 cases in recent years for the benefit of unsecured creditors, including the sprawling proceedings of hospital system Steward Health Care and the difficult reorganization of Diamond Sports Group, earning it a spot among the 2024 Law360 Bankruptcy Groups of the Year.
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February 03, 2025
Lumio Gets OK To Liquidate Through Ch. 11 After Asset Sale
A Delaware bankruptcy judge on Monday approved solar panel provider Lumio Holdings Inc.'s Chapter 11 liquidation plan, months after the company agreed to sell its business to Zeo Energy Corp.
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January 31, 2025
Supreme Court Eyes Its 'Next Frontier' In FCC Delegation Case
A case about broadband subsidies will give the U.S. Supreme Court the chance to revive a long-dormant separation of powers principle that attorneys say could upend regulations in numerous industries and trigger a power shift that would make last term's shake-up of federal agency authority pale in comparison. And a majority of the court already appears to support its resurrection.
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January 31, 2025
J&J Talc Unit's Key Ch. 11 Hearing Will Include 49 Witnesses
Parties hoping to confirm the $9 billion Chapter 11 plan of Johnson & Johnson's talc liability spin-off and those who say the case should be dismissed plan to question 49 witnesses during a nine-day hearing in February, major parties in the case told a Texas bankruptcy judge Friday, previewing a critical hearing in J&J's third "Texas two-step" bankruptcy.
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January 31, 2025
Sandy Hook Families Resist Depositions In Alex Jones Ch. 11
Two groups of families of victims in the Sandy Hook school shooting are fighting deposition and document requests from right-wing fabulist Alex Jones ahead of a hearing Wednesday on a settlement between the groups.
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January 31, 2025
Bankruptcy Group Of The Year: Jones Day
Jones Day's bankruptcy attorneys spent 2024 on the frontiers of their practice, with work that included helping a Johnson & Johnson subsidiary enter bankruptcy with a proposal for a historically large talc injury settlement, as well as helping Spark Networks SE to navigate a new German bankruptcy law and the Chapter 15 process — putting the team among the 2024 Law360 Bankruptcy Groups of the Year.
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January 31, 2025
State Street Must Face Suit Over Paper Co.'s ESOP Valuation
State Street Bank can't escape a suit claiming it allowed executives at a defunct paper company to sell overpriced shares to an employee stock ownership plan, a Wisconsin federal judge ruled, rejecting the firm's assertion that its stock valuation didn't cause any harm.
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January 30, 2025
Container Store Hopes Debt Restructuring Leads To Growth
After a quick trip through Chapter 11, The Container Store has emerged as a private company in the control of its lenders, but its changes were largely to its balance sheet rather than its operations.
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January 30, 2025
Ligado Creditor Pans 'Exorbitant' Fees For $115M DIP Loan
Satellite communications company Ligado Networks LLC's largest unsecured creditor asked a Delaware bankruptcy judge to reject the company's proposed $115 million Chapter 11 financing package, saying Ligado's secured lenders were seeking to help themselves to $100 million in fees as part of the deal.
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January 30, 2025
Pashman Stein Brings On Bankruptcy Pros In Delaware
Pashman Stein Walder Hayden PC has added two attorneys, including one from Whiteford Taylor & Preston LLP, to continue to grow its bankruptcy, restructuring and creditors' rights practice in Delaware and beyond.
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January 30, 2025
Bankruptcy Group Of The Year: Weil
Bankruptcy attorneys from Weil Gotshal & Manges LLP steered hospital chain Steward Health Care's $9 billion bankruptcy and represented Scandinavian Airlines in its restructuring of $2 billion in debt across the U.S. and Sweden, earning a spot among the 2024 Law360 Bankruptcy Groups of the Year.
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January 30, 2025
Judge Stays NY Diocese Abuse Suits, Citing 2nd Circ. Ruling
A New York bankruptcy judge on Thursday agreed to stay sexual abuse claims filed under the state's Child Victims Act against the Roman Catholic Diocese of Rochester, deciding that a Second Circuit ruling in 2022 makes clear that legal actions naming debtors as defendants are barred by bankruptcy's automatic stay.
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January 30, 2025
Yellow Corp. Gets OK For $67M Real Estate Asset Sale
A Delaware bankruptcy judge on Thursday approved defunct trucking company Yellow Corp.'s $67 million asset sales for its owned and leased properties, saying the asset purchase agreements serve "the best interests" of the debtor, creditors and other stakeholders.
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January 29, 2025
Tech Co. Sanctioned For Interference In Byju's Ch. 11
A Delaware bankruptcy judge Wednesday ordered $25,000-a-day sanctions against Voizzit Technology Private Ltd. for interfering with three bankrupt subsidiaries of Indian educational technology giant Byju's, finding Voizzit in contempt of a temporary restraining order.
BAPCPA At 20: A Legacy Of Reform, Good And Bad
Two decades after Congress enacted the most sweeping changes to bankruptcy law in modern history, Americans are still dealing with its most enduring legacy: shutting out middle-class consumer debtors from Chapter 7 protection in the name of preventing abuse of the system.
Under The Radar: Bankruptcy News You May Have Missed
A New Jersey event venue, a lithium battery maker and the operator of one of the world's largest cobalt refineries hit Chapter 11; retailer Party City wants to beef up security for its current and former directors, citing threats of violence; and yet another former member of Byju's Alpha's top brass was sanctioned for contempt of court.
Under The Radar: Bankruptcy News You May Have Missed
Lenders for Tupperware said the company's Chapter 11 case does not need a committee to represent retired workers, the U.S. Trustee's Office opposed third-party releases in a pair of Chapter 11 cases and hardware retailer True Value wants more time to pursue its Chapter 11 plan.
Expert Analysis
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.
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Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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How Ch. 11 Can Alleviate Merchant Cash Advance Concerns
Merchant cash advance funding is one of the biggest challenges for small businesses today because funders are so prevalent, aggressive and expensive, but bankruptcy can provide several tools for dealing with MCA agreements that may allow the debtor business to restructure and survive, says Patricia Fugée at FisherBroyles.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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8 Lessons Yellow Corp. Layoffs Can Teach Distressed Cos.
A Delaware bankruptcy court’s recent decision, examining trucking company Yellow Corp.’s abrupt termination of roughly 25,500 employees, offers financially distressed businesses a road map for navigating layoffs under the Worker Adjustment and Retraining Notification Act, say attorneys at King & Spalding.
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.
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Lessons From Two New Year's Eve Uptier Exchange Decisions
On the last day of 2024, two different courts issued important decisions relating to non-pro rata uptier exchanges — and while they differ, both rulings highlight that transactions effected in reliance on undefined terms in debt agreements come with increased risk, say attorneys at Simpson Thacher.
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Playing Rugby Makes Me A Better Lawyer
My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.
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No, Litigation Funders Are Not 'Fleeing' The District Of Del.
A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.
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5 E-Discovery Predictions For 2025 And Beyond
In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.