Large Cap

  • June 26, 2024

    Talc Co. Barretts' Creditors Push To Dismiss Ch. 11 Case

    Unsecured creditors of Barretts Minerals have urged a Texas bankruptcy judge to dismiss its bankruptcy following the debtor's sale of its talc business, arguing that Barretts remains in bankruptcy only to get its fully solvent parent company out of its talc liability.

  • June 26, 2024

    Rite Aid To Seek Dismissal Of Maryland Ch. 11 Suit

    Thursday's Chapter 11 plan confirmation hearing for Rite Aid will open with arguments on whether the drugstore chain can use its bankruptcy to escape fraud claims lodged by the state of Maryland over the company's opioid sales.

  • June 26, 2024

    Judge Denies ConvergeOne Lenders' Bid To Halt Ch. 11 Plan

    A Texas federal judge has rejected a request by a group of ConvergeOne lenders to stay a bankruptcy court's order approving an equity rights offering included in the information technology company's Chapter 11 plan, ending the spurned lenders' challenge to a deal they claimed ran afoul of bankruptcy rules. 

  • June 26, 2024

    Calif. Diocese Can End Priest Retirement Plan, Judge Says

    A California bankruptcy judge on Wednesday gave the Roman Catholic Bishop of Sacramento the all-clear to terminate a supplemental retirement plan for the church's priests, allowing the debtor to strike a deal with the plan's trustee to turn over $30,000 in assets.

  • June 26, 2024

    Pricey Chapter 11 Process Fuels Rise In Prepack Filings

    Companies that go bankrupt are increasingly opting to first negotiate restructuring deals out of court so they can enter Chapter 11 toting a turnaround plan already accepted by creditors, saving potentially hundreds of thousands of dollars in legal costs and dodging some of the stigma that bankruptcy attracts.

  • June 25, 2024

    2 Federal Judges Stall Biden's Student Loan Debt Relief

    Federal judges in Kansas and Missouri on Monday partially blocked the Biden administration from implementing its latest student debt relief program, with both finding that Congress did not give clear authorization through the Higher Education Act for the loan forgiveness plan, as argued by the federal government.

  • June 25, 2024

    Sandy Hook Families Split Over Alex Jones Ch. 7 Stay Ask

    Two groups of plaintiffs that hold more than $1.5 billion in combined claims against right-wing conspiracy theorist Alex Jones and his online media network have differing views on how those claims should be collected, taking opposite stances on a Chapter 7 trustee's request to pause collection actions against Jones' company.

  • June 25, 2024

    FTX Gets OK To Seek Creditor Votes On Ch. 11 Plan

    Bankrupt cryptocurrency exchange FTX Trading Ltd. can seek creditor votes for its Chapter 11 plan after a Delaware bankruptcy judge said he would approve the debtor's disclosures after overruling several objections.

  • June 25, 2024

    Meet The Lawyers Powering EV Startup Fisker Group's Ch. 11

    Electric-vehicle maker Fisker Group Inc. petitioned for bankruptcy in Delaware last week with some $854 million in funded debt, saying market and macroeconomic headwinds drove it to Chapter 11. Fisker has tapped a team of restructuring professionals at Davis Polk & Wardwell LLP and Morris Nichols Arsht & Tunnell LLP as it hopes to quickly sell its EV fleet.

  • June 25, 2024

    The Future Of AI May Lead Straight To Bankruptcy Court

    As interest in artificial intelligence mounts, so do the number of bankruptcies for AI-linked companies, a trend that may be the "tip of the iceberg" as familiar tech-bubble hype yields to the need to turn a profit, experts told Law360.

  • June 25, 2024

    LaVie Creditors Object To Landlord-Backed DIP Package

    Unsecured creditors in the Chapter 11 case of nursing facility operator LaVie Care Centers have told a Georgia bankruptcy judge they oppose a proposed debtor-in-possession funding package, saying one of the lenders is the debtor's biggest landlord and would be getting an inappropriately advantageous deal.

  • June 25, 2024

    Genesis Global Strikes $40M Deal With Unnamed Customer

    Attorneys representing defunct cryptocurrency services company Genesis Global told a New York bankruptcy court Tuesday an anonymous customer agreed to pay it $40 million to resolve their dueling claims over a loan.

  • June 25, 2024

    Noteholder Deal Spares Telecom WOM From Ch. 11 Dismissal

    Chilean telecommunications company WOM told Delaware's bankruptcy court it reached a deal with a group of noteholders and the unsecured creditors committee to resolve their bid to dismiss the debtor's bankruptcy case. 

  • June 25, 2024

    Bankruptcy Vet Joins Saxton & Stump As Practice Chair

    Saxton & Stump LLC announced Tuesday that an attorney with over 35 years of experience working with banks and other corporate entities has become a shareholder and chair of the firm's bankruptcy and financial restructuring group.

  • June 25, 2024

    Bed Bath & Beyond Estate Rips Investor's 'Frivolous' Filing

    The Chapter 11 plan administrator for Bed Bath & Beyond urged a New Jersey bankruptcy judge to reject an unidentified former shareholder's bid to appoint an equity committee in the case, calling the motion "frivolous" because the debtor canceled all its shares months ago.

  • June 25, 2024

    Troutman Pepper Gets Restructuring Pro From Sidley Austin

    Troutman Pepper Hamilton Sanders LLP has hired a seasoned attorney for its finance and restructuring practice who previously worked at Sidley Austin LLP for more than 20 years.

  • June 24, 2024

    What To Expect At FTX's Ch. 11 Plan Disclosures Hearing

    Bankrupt cryptocurrency exchange FTX trading Ltd. faces a slew of objections to the disclosure statement for its Chapter 11 reorganization plan as it heads into Delaware bankruptcy court Tuesday seeking approval for the plan disclosures and to petition creditor votes.

  • June 24, 2024

    Ch. 11 Fee Cases Remanded After 'Very Practical' Decision

    Now that the U.S. Supreme Court has decided refunds aren't owed to debtors who overpaid the U.S. Trustee's Office under a previous fee structure, it sent three similar cases that were pending before it back to the lower courts to give them a crack at applying the ruling.

  • June 24, 2024

    2nd Circ. Reverses $19M Sanctions Over Charter Ads

    The Second Circuit Monday found a New York bankruptcy judge had wrongfully levied more than $19 million in sanctions on Charter Communications for an advertising campaign targeting a bankrupt telecom rival, saying there was doubt the ads violated the Bankruptcy Code.

  • June 24, 2024

    Giuliani Trustee Sought, Eletson Has 3 Plans Up For Vote

    Rudy Giuliani's creditors urged a bankruptcy court to appoint a trustee to oversee his finances, while the creditors of shipping company Eletson Holdings will be asked to choose between three competing Chapter 11 plans, and nearly all of biotechnology firm NanoString's creditors will be paid in full.

  • June 24, 2024

    LifeWallet Calls Cano Health's Ch. 11 Plan Unconfirmable

    Claim reimbursement company LifeWallet has told Delaware's bankruptcy court that primary healthcare group Cano Health's proposed Chapter 11 plan would hinder its legal defenses and setoff claims, arguing the plan runs afoul of the Bankruptcy Code and cannot be confirmed.

  • June 24, 2024

    McDermott Investors See Partial Cert. In $6B CB&I Deal Suit

    Investors in energy industry engineering company McDermott International Inc. saw part of their proposed investor class certified as a lead plaintiff is sought for a second subclass in litigation over the company's $6 billion acquisition of Chicago Bridge & Iron Company NV.

  • June 24, 2024

    Rite Aid Ch. 11 Plan Hearing Set Over Insurer Opposition

    A New Jersey bankruptcy judge kept the Chapter 11 plan confirmation hearing of drugstore chain Rite Aid Corp. on track Monday, denying a request from the debtor's insurers to delay the proceedings to allow for additional discovery about the plan's impact on their contractual rights.

  • June 24, 2024

    Justices Send 3 US Trustee Fee Cases Back To Lower Courts

    The U.S. Supreme Court on Monday vacated three appellate court decisions ordering refunds to debtors who had overpaid U.S. Trustee's Office fees under a previous fee structure and remanded the cases for further adjudication after resolving the issue earlier this month.

  • June 21, 2024

    After Surfside Collapse, Safety Reform And A 'Condo Crisis'

    In the three years since 98 lives were lost in the partial collapse of the Champlain Towers South condominium in Surfside, Florida, several states have worked on legislation to address building safety. But their efforts to back the pledge of "never again" are stirring up concerns that they are fostering a whole new quandary for millions of condo owners.

Expert Analysis

  • Pa. Ruling Shows Why Term Sheet Can Be Worth The Wait

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    A Pennsylvania bankruptcy court’s recent In re: Legarde ruling, holding that a settlement term sheet was enforceable, reminds litigants that it’s crucial to draft a written agreement before leaving mediation in order to resolve potential evidentiary issues and protect against buyer’s remorse, says Brian Shaw at Cozen O'Connor.

  • Understanding Discovery Obligations In Era Of Generative AI

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    Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.

  • Asserting 'Presence-Of-Counsel' Defense In Securities Trials

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    As illustrated by the fraud trial of FTX founder Sam Bankman-Fried, defense attorneys in securities trials might consider arguing that counsel had some involvement in the conduct at issue — if the more formal advice-of-counsel defense is unavailable and circumstances allow for a privilege waiver, say Joseph Dever and Matthew Elkin at Cozen O'Connor.

  • Crypto Has Democratized Trading In Bankruptcy Claims

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    Following the pandemic, there has been a wave of cryptocurrency bankruptcies and a related increase in access to information, allowing nontraditional bankruptcy investors to purchase claims and democratizing a once closed segment of alternative investing, says Joseph Sarachek at Strategic Liquidity.

  • The Case For Post-Bar Clerk Training Programs At Law Firms

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    In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.

  • 5 Key Tips For Attorneys In The Subchapter V Arena

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    Subchapter V cases present unique challenges for the nondebtor parties-in-interest, and habits developed by attorneys in typical Chapter 11 cases do not necessarily translate, meaning creditors and their counsel should quickly take a proactive role in their cases to protect their interests, which can be done by attending the 341 meeting, analyzing the plan, and more, says Kelly Singer at Squire Patton.

  • Attorneys Have An Ethical Duty To Protect The Judiciary

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    The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.

  • Why The Debt Maturity Wall Is Still A Figment, For Now

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    While the phenomenon of the debt maturity wall — a growing wall of staggered corporate debt maturities — has been considered a looming problem since the aftermath of the 2008 global financial crisis, it’s unlikely to have significant consequences before 2025 due to factors such as quantitative easing and evolved lending practices, says Michael Eisenband at FTI Consulting.

  • AI Can Help Lawyers Overcome The Programming Barrier

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    Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.

  • 10 Essential Bankruptcy Litigation Tips For In-House Counsel

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    Bankruptcy litigation is a complex and multifaceted area of law that poses unique challenges for in-house counsel, and there are several tools at legal professionals' disposal, like appraisals and understanding jurisdictions, to stay well-informed and protect their companies' interests, says Alison Ashmore at Dykema.

  • Preparing Law Students For A New, AI-Assisted Legal World

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    As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.

  • Sellers Seeking Best Deal Should Focus On Terms And Price

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    Rising interest rates and a decline in the automotive mergers and acquisitions market mean that a failed deal carries greater stakes, and sellers therefore should pursue not only the optimum price but also the optimum terms to safeguard their agreement, says Joseph Aboyoun at Fox Rothschild.

  • General Counsel Need Data Literacy To Keep Up With AI

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    With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.

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