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November 05, 2024
On The Ground: How Attorneys Safeguarded The Election
Attorneys worked tirelessly Tuesday to support citizens and election workers on the final day of voting in one of history's most contentious presidential contests.
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November 04, 2024
Purdue Buys Time For Creditor Deal, Eletson Plan Confirmed
Facing a litigation stay deadline after the U.S. Supreme Court overturned its Chapter 11 plan, OxyContin maker Purdue Pharma was given a new one-month extension of the stay so that its creditors and the Sacklers can continue mediating to settle claims.
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November 04, 2024
Judge Says She'll Likely Send Talc Ch. 11 Plan Out For Vote
A Delaware bankruptcy judge said Monday she will likely give a pair of talc producers permission to send their Chapter 11 plans out for a creditor vote, saying she was satisfied with the changes made since last week.
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November 04, 2024
Long Island Diocese Can Use Ch. 11 Plan Disclosures
The Roman Catholic diocese that covers New York's Long Island received bankruptcy court approval Monday for a Chapter 11 plan disclosure statement that now includes the final terms of a proposed settlement with a group of its insurers.
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November 04, 2024
Vitamin Shoppe Owner Hits Ch. 11 After Take-Private Deal
The owner of the Vitamin Shoppe retail chain and other franchised businesses has filed for Chapter 11 protection in Delaware listing more than $1 billion in secured debt, about a year after the company went private with the intent of reducing its operating expenses.
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November 01, 2024
Real Estate Recap: Election Expectations, EB-5, $50B PE Bet
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including perspectives from real estate leaders ahead of Tuesday's election, takeaways from the Advanced EB-5 Industry Conference in Miami, and two private equity firms' $50 billion bet on data center and energy generation projects.
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November 01, 2024
Under The Radar: Bankruptcy News You May Have Missed
Rudy Giuliani was recently accused of ignoring subpoenas as two former election workers tried to collect on a $148 million defamation judgment, Steward Health Care creditors have opposed the formation of a tort claimants committee and Chinese exile Miles Guo's $26.5 million New Jersey mansion can be sold in Chapter 11.
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November 01, 2024
Big Lots Says $760M Bid Wins In Ch. 11 Auction
Discount retailer Big Lots got approval from a Delaware bankruptcy judge to sell off nearly three-dozen store leases the day after it said it had received no offers to beat a $760 million bid for the business as a whole.
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November 01, 2024
Lumio Gets OK For Ch. 11 Asset Sale Amid Objections
Residential solar panel provider Lumio Holdings LLC received approval from a Delaware bankruptcy court on Friday to sell its assets to Zeo Energy Corp. — in a bid to provide $4 million in cash, transfer Zeo's shares to Lumio's major lender and assume certain liabilities.
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November 01, 2024
Jackson Walker Rips Trustee's Judge Romance Fee Clawback
The U.S. Trustee's Office is exceeding its authority as a "watchdog" in seeking to claw back money paid to Jackson Walker LLP in bankruptcy cases because the judge presiding over those cases was having a secret relationship with a firm partner, the firm told a Texas federal bankruptcy court.
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November 01, 2024
MVP: Sullivan & Cromwell's Andy Dietderich
Sullivan & Cromwell LLP's Andy Dietderich led the legal team that represented FTX Trading Ltd. in its $16 billion Chapter 11 reorganization — from its precipitous bankruptcy filing to the recent successful confirmation hearing — and shepherded fire-suppression company Kidde-Fenwal Inc. through the first bankruptcy stemming from mass tort claims related to PFAS chemicals, earning him a spot among the 2024 Law360 Bankruptcy MVPs.
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October 31, 2024
Purdue Gets More Time For Deal, 'Substantial' Progress Made
Bankrupt OxyContin maker Purdue Pharma LP on Thursday won more time to continue mediating a new settlement with its owners — certain members of the Sackler family — and reported that it is nearing a deal, in a bid to avoid having one of the most complex Chapter 11 cases in U.S. history tumble into a litigation free-for-all.
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October 31, 2024
The Story Behind American Tire's Chapter 22 Bankruptcy
American Tire Distributors, one of the largest replacement tire suppliers in the country, filed its second Chapter 11 bankruptcy, unofficially known as a Chapter 22 in insolvency jargon, in Delaware earlier this month, citing a pandemic-fueled business bubble that has also affected other players in its changing industry.
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October 31, 2024
True Value Hammers Out Deal To Fund Ch. 11, Speed Up Sale
After days of negotiating, bankrupt hardware store supplier True Value Thursday reached a deal with its lenders to avoid liquidation, fund its reorganization and move up a Chapter 11 sale, with member-owned hardware brand Do It Best Corp. lined up as a stalking-horse bidder.
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October 31, 2024
Terraform Ch. 11 Trust Gets OK For $45M Crypto Deal
A bankruptcy judge in Delaware has approved a settlement among the wind-down trust created through the Chapter 11 plan of defunct cryptocurrency firm Terraform Labs, the company's co-founder, the Luna Foundation Group and Avalanche Inc. that will see the trust receive $45.5 million in cash in exchange for 1.9 million digital tokens.
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October 31, 2024
The 2024 Law360 Pulse Leaderboard
Check out the Law360 Pulse Leaderboard to see which firms made the list of leaders in all-around excellence this year.
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October 31, 2024
Firms' Hiring Strategies Are Evolving In Fight For Top Spot
Competition for top talent among elite law firms shows no signs of slowing down, even amid economic uncertainty, with financially strong firms deploying aggressive strategies to attract and retain skilled professionals to solidify their market position.
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October 31, 2024
MVP: Fried Frank's Rachel C. Strickland
Rachel C. Strickland, partner and global chair of the restructuring department at Fried Frank Harris Shriver & Jacobson LLP, represented two Georgia election workers in a bankruptcy lawsuit against Rudolph W. Giuliani and advised NanoString Technologies Inc. on its asset sale, earning her a spot as one of the 2024 Law360 Bankruptcy MVPs.
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October 30, 2024
Mallinckrodt Trustee Inks Deal To Shrink Drug Price Claims
The trustee overseeing a pool of funds to pay creditors of Mallinckrodt plc has reached a deal to slash more than $331 billion of purported claims from insurers down to $6.7 million in the drugmaker's first bankruptcy case.
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October 30, 2024
Conn's Seeks Hearing Next Week On Ch. 11 Asset Sale
Counsel for retail chain Conn's told a Texas bankruptcy judge Wednesday that no one has beaten the $360 million baseline bid for its assets from debt collector Jefferson Capital Systems and asked for a hearing to approve the sale next week.
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October 30, 2024
Judge Orders NY Diocese To Hash Out Ch. 11 Insurer Deal
Long Island's Roman Catholic diocese must meet with its insurers Thursday to sort out the remaining details of their settlement, a New York bankruptcy judge said Wednesday, making clear he expected urgent work to ensure the church has a Chapter 11 plan in place before next year.
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October 30, 2024
Whittaker Files Ch. 11 Plan Amid Dispute With Talc Claimants
Bankrupt talc supplier Whittaker Clark & Daniels Inc. presented a Chapter 11 plan Monday that would be funded by a proposed $535 million settlement with its successors, but a dispute with the official committee of talc claimants could derail the plan.
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October 30, 2024
Ex-LNG Contractor Not Entitled To Insurance Proceeds
A Texas bankruptcy judge has told a former contractor at a liquid natural gas facility project it is not entitled to insurance recoveries or fund distributions from the joint venture it entered Chapter 11 to exit.
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October 30, 2024
J&J Talc Unit's Ch. 11 Headed For January Confirmation
A Texas bankruptcy judge approved a case management order Wednesday that puts the Chapter 11 proceedings of Johnson & Johnson's talc unit on track for January hearings over a prepackaged plan that will address thousands of ovarian cancer claims tied to the company's products.
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October 30, 2024
American Tire Floats Ch. 11 Sale Plan To Wrap Up In December
Bankrupt tire and wheel seller American Tire Distributors Inc. proposed a Chapter 11 bid and sale process that it intends to wrap up by the end of December, with a group of secured lenders serving as a stalking horse.
Expert Analysis
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2 Options For Sackler Family After High Court Purdue Ruling
After the U.S. Supreme Court recently blocked Purdue Pharma's plan to shield the family that owns the company from bankruptcy lawsuits, the Sacklers face the choice to either continue litigation, or return to the bargaining table for a settlement that doesn't eliminate creditor claims, says Gregory Germain at Syracuse University.
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Revisiting Scalia's 'What's It To You?' After Kaiser Ruling
While the U.S. Supreme Court's recent decision in Truck Insurance Exchange v. Kaiser allows insurers to be considered "parties in interest" in Chapter 11 cases, they still need to show they would face an injury in fact, answering the late Justice Antonin Scalia's "what's it to you?" question, say Brent Weisenberg and Jeff Prol at Lowenstein Sandler.
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Florida Banking Brief: All The Notable Legal Updates In Q2
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.
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How To Clean Up Your Generative AI-Produced Legal Drafts
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.
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Purdue Ch. 11 Ruling Reinforces Importance Of D&O Coverage
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.
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Atty Well-Being Efforts Ignore Root Causes Of The Problem
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.
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Parsing Justices' Toss Of Purdue's Controversial Ch. 11 Plan
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.
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No Matter The Purdue Ruling, Mass Tort Reform Is Needed
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.
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How Associates Can Build A Professional Image
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.
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Yellow Corp. Lease Assumption Shows Landlord Protections
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.
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Insurers Have A Ch. 11 Voice Following High Court Ruling
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.
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Considerations For Cooperation Contracts In Loan Trades
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.
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Firms Must Rethink How They Train New Lawyers In AI Age
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.