Large Cap

  • December 19, 2024

    The Year In Legal Ethics: AI, Judicial Scandal And More

    A number of legal ethics topics dominated the conversation in 2024, including artificial intelligence and the fallout of an undisclosed relationship between a Texas bankruptcy judge and an attorney whose firm appeared before him for years.

  • December 19, 2024

    Young Conaway Elects 3 New Partners From Its Del. Office

    Young Conaway Stargatt & Taylor LLP has announced that two bankruptcy attorneys and a corporate litigator will join its partnership on Jan. 1.

  • December 18, 2024

    Girardi Gets Sentencing Delayed For Dementia Probe

    A Los Angeles federal judge pushed back Tom Girardi's sentencing for his embezzlement conviction on Wednesday, ordering a psychiatric evaluation and special hearing to determine whether the 85-year-old disbarred attorney should be committed to a medical facility instead of prison due to his dementia diagnosis.

  • December 18, 2024

    High Court Bar's Future: McDermott's Paul Hughes

    Paul W. Hughes of McDermott Will & Emery LLP knows U.S. Supreme Court oral arguments are unpredictable — you can end up as the butt of a justice's joke or have the whole bench fully embrace your novel legal theory — so he focuses on what he can control: being overprepared for any version of the court he meets.

  • December 18, 2024

    FDIC Moves Closer To Suing Ex-Brass Of Silicon Valley Bank

    Federal Deposit Insurance Corp. leaders have given a green light for the agency to potentially sue former top brass of Silicon Valley Bank for alleged mismanagement of the bank that led to its collapse last year.

  • December 18, 2024

    Meet The Attorneys Helping Hearthside Through Ch. 11

    When it filed for bankruptcy late last month in Texas, under the shadow of child labor investigations, the parent company of Hearthside Food Solutions embarked on a path to wipe out more than $1.9 billion of debt and secure $200 million of new equity capital.

  • December 18, 2024

    Yellow Corp. Gets Del. Court OK For Ch. 11 Asset, Lease Sales

    Bankrupt trucking venture Yellow Corp. secured a Delaware judge's approval Wednesday for a $192.5 million series of deals to sell or lease a dozen properties owned or leased by Yellow in California, Miami, Ohio and other states.

  • December 18, 2024

    Steward Health Docs Say $60M Comp Plan Off-Limits

    Four doctors participating in a Steward Health deferred compensation plan have asked a Texas bankruptcy judge to keep $60 million worth of assets from the plan's trust separate from the hospital operator's Chapter 11 estate, arguing that the burden is on the debtor to prove the plan trust is exempt from Employee Retirement Income Security Act protections.

  • December 18, 2024

    US Trustee Says $62.5M WOM Breakup Fee Unnecessary

    The U.S. Trustee's Office has asked a Delaware bankruptcy judge to reject WOM SA's request to pay a noteholder group $62.5 million if a planned rights offering tied to WOM's exit financing falls through, arguing the debtor hasn't proved the fee is necessary.

  • December 18, 2024

    Greenberg Traurig Faces DQ Bid In NJ Cosmetics Spat

    A New Jersey cosmetics company suing a former investor alleging breach of contract has asked a federal court to disqualify Greenberg Traurig LLP as defense counsel, telling the court that it previously consulted with the firm about suing the investor and gave away its "playbook" for the litigation.

  • December 17, 2024

    Franchise Group Can Keep Exclusive Control Of Its Ch. 11

    A Delaware bankruptcy judge on Tuesday denied a motion to end the plan exclusivity window and other bankruptcy rights for debtors in Franchise Group Inc.'s Chapter 11, saying possible intercompany claims don't justify relief that the debtor argued would plunge the case into chaos.

  • December 17, 2024

    Purdue, FTX Top Biggest Bankruptcy Cases, Trends Of 2024

    The U.S. Supreme Court's decision to throw out nonconsensual third-party releases in opioid maker Purdue Pharma's Chapter 11 reverberated through the bankruptcy domain in unexpected ways this year, but it was just one among many major events to shape bankruptcy in 2024.

  • December 17, 2024

    Discovery Needs Push Back J&J Talc Unit's Ch. 11 Trial

    A Texas bankruptcy judge on Tuesday postponed the Chapter 11 plan confirmation hearing of Johnson & Johnson talc unit Red River Talc LLC until February, saying additional time was needed for parties to continue taking discovery over questions concerning the plan's provisions.

  • December 17, 2024

    Catching Up With New Bankruptcy Case Action

    A surgical clinic and residential building in Manhattan filed for Chapter 11, as did a New Jersey-based shipping company; a high-tech acoustics manufacturer was weighed down by a $38.6 million trade secrets verdict; a hybrid-electric engine developer filed for bankruptcy; and a Pennsylvania law firm that itself specializes in representing creditors in bankruptcy sought Chapter 11 protection.

  • December 17, 2024

    2nd Circ. Says Sears Trustee Can Keep Mall Of America Lease

    The Second Circuit has upheld a district court order obliging the return of bankrupt Sears Holding Corp.'s lease in Minnesota's Mall of America to SHC's liquidating trustee, finding in part the mall's earlier lease was not a "true" contract.

  • December 17, 2024

    SEC Says Express Didn't Disclose $1M In Ex-CEO Perks

    Express Inc. failed to disclose nearly $1 million worth of perks and personal benefits to former CEO Tim Baxter, according to a settlement released Tuesday by the U.S. Securities and Exchange Commission, which declined to levy a civil penalty against the fashion retailer in light of its cooperation and remediation.

  • December 17, 2024

    Yukos Capital Opposes Stay In $5B Russia Award Suit

    The financing arm of Yukos Oil Co. urged a D.C. federal court on Monday not to pause its lawsuit looking to enforce a $5 billion arbitral award against Russia while litigation involving similar issues plays out, saying the Kremlin is needlessly dragging its feet.

  • December 17, 2024

    Express Inc.'s Post-Sale Ch. 11 Liquidation Plan Approved

    A Delaware bankruptcy judge on Tuesday confirmed the Chapter 11 liquidation plan for the estate of clothing retailer Express Inc., after the debtor sold the business this summer for $174 million.

  • December 17, 2024

    Spirit Airlines Gets OK For Jan. Hearing On Ch. 11 Plan

    A New York bankruptcy judge Tuesday set the hearing on Spirit Airlines' Chapter 11 plan for the end of January, overriding arguments by the U.S. Trustee Office that the case doesn't need to move this fast.

  • December 17, 2024

    Quinn Emanuel Taps 2 London Partners In Global Promotions

    Quinn Emanuel Urquhart & Sullivan LLP has named 11 new partners in its latest round of promotions, with two in the British capital.

  • December 16, 2024

    Judge Kills Infowars Sale, BigLaw Firms Duck Suit

    A Texas court blocked an attempt from satirical news outlet The Onion to buy conspiracy theorist Alex Jones' radio show, and a racketeering suit against Jackson Walker LLP and Kirkland & Ellis LLP over allegations they profited from former bankruptcy Judge David R. Jones' romantic relationship with a member of the bankruptcy bar was dismissed. 

  • December 16, 2024

    Incora Moves Toward Confirmation After Opt-Outs OK'd

    A Texas bankruptcy judge on Monday approved the opt-out mechanism for third-party releases in the Chapter 11 plan from aircraft parts supplier Incora, overruling an objection from the U.S. Trustee's Office.

  • December 16, 2024

    Reed Smith, Eletson Battle Over Sanctions In Ch. 11

    The current and former owners of reorganized Greek shipping group Eletson Holdings clashed in New York bankruptcy court Monday over sanctions requested against Reed Smith LLP, the Chapter 11 counsel to the previous Eletson, and others in a dispute over implementing its confirmed bankruptcy plan that an attorney compared to the movie "Groundhog Day."

  • December 16, 2024

    Global Brands Trustee's $296M Ch. 11 Clawback Suit Survives

    A $296 million adversary suit brought by a litigation trust created for the benefit of reorganized debtor Global Brands Group's creditors can continue after a New York bankruptcy judge on Monday said the defendants were subject to the personal jurisdiction of his court.

  • December 16, 2024

    Restaurants Struggled In 2024 As Costs Rose, Visits Fell

    Many restaurants have faced challenges this year, grappling with the lingering effects of the COVID-19 pandemic, rising inflation and difficulty passing costs onto increasingly price-sensitive patrons — pressures that are expected to persist into the next year, experts told Law360.

Expert Analysis

  • Florida Banking Brief: All The Notable Legal Updates In Q2

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    The second quarter of 2024 brought two notable bills that will affect Florida's banking and finance community across many issues, including virtual currency abandonment, cancellation of financial services on the basis of political opinions, and the exemption amount of motor vehicles, say Joshua Prever and Andrew Balthazor at Holland & Knight.

  • How To Clean Up Your Generative AI-Produced Legal Drafts

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    As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.

  • Purdue Ch. 11 Ruling Reinforces Importance Of D&O Coverage

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    The U.S. Supreme Court's recent decision in Harrington v. Purdue Pharma, holding that a Chapter 11 reorganization cannot discharge claims against a nondebtor without affected claimants' consent, will open new litigation pathways surrounding corporate insolvency and increase the importance of robust directors and officers insurance, says Evan Bolla at Harris St. Laurent.

  • Atty Well-Being Efforts Ignore Root Causes Of The Problem

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    The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.

  • Parsing Justices' Toss Of Purdue's Controversial Ch. 11 Plan

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    The U.S. Supreme Court's recent nixing of OxyContin manufacturer Purdue Pharma's Chapter 11 proposal prevents the Sackler family from settling thousands of civil opioid lawsuits without the consent of all of the plaintiffs, and holds profound implications for bankruptcy cases, say attorneys at MoloLamken.

  • No Matter The Purdue Ruling, Mass Tort Reform Is Needed

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    The U.S. Supreme Court will soon issue its opinion in the bankruptcy of Purdue Pharma LP, and regardless of the outcome, it’s clear legal and policy reforms are needed to address the next mass tort, says William Organek at Baruch College.

  • How Associates Can Build A Professional Image

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    As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.

  • Yellow Corp. Lease Assumption Shows Landlord Protections

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    Yellow Corp.’s recent filing of a motion to assume unexpired leases is a helpful reminder to practitioners to maintain a long-term approach about what is most beneficial for an estate and to not let a debtor's short-term cash position dictate business decisions, says Kyle Arendsen at Squire Patton.

  • Insurers Have A Ch. 11 Voice Following High Court Ruling

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    The U.S. Supreme Court's recent ruling in Truck Insurance Exchange v. Kaiser Gypsum — which reaffirmed a broad definition of "party in interest" — will give insurers, particularly in mass tort Chapter 11 bankruptcies, more opportunity to protect their interests and identify problems with reorganization plans, says George Singer at Holland & Hart.

  • Considerations For Cooperation Contracts In Loan Trades

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    Significant challenges to settling trades can arise when lenders of syndicated bank loans enter into defense-oriented cooperation agreements, which are growing in popularity, but working through these issues on the front end of a trade can save hours down the road, says Robert Waldner at Crowell & Moring.

  • Firms Must Rethink How They Train New Lawyers In AI Age

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    As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.

  • Think Like A Lawyer: Always Be Closing

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    When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.

  • NY Combined Hearing Guidelines Can Shorten Ch. 11 Timeline

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    The Southern District of New York’s recently adopted guidelines on combining the processes for Chapter 11 plan confirmation and disclosure statement approval may shorten the Chapter 11 timeline for companies and reduce associated costs, say Robert Drain and Moshe Jacob at Skadden.

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