Mid Cap
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July 15, 2024
Rue21 Bankruptcy Dismissed After Exculpations Trimmed
Teen apparel retailer rue21 received approval Monday to dismiss its Chapter 11 case after it agreed to narrow who would be protected from potential legal liability as it winds down.
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July 15, 2024
Mogul's Co. Drops Bid To Stop Insurer's Liquidation
A company owned by convicted insurance mogul Greg Lindberg wants to end a fight against North Carolina's liquidation of an insurer, saying that it desires to withdraw its case in the state Court of Appeals.
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July 15, 2024
Judge Will OK Ch. 15 Recognition For SouthRock's Insolvency
A Texas bankruptcy judge said Monday he will grant SouthRock Capital Ltda., a Brazilian private equity company that operates international food brands including Starbucks and TGI, U.S. recognition of its foreign insolvency proceedings.
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July 15, 2024
Girardi Seeks 2-Month Delay For Client Theft Trial, To October
Disgraced lawyer Tom Girardi's defense attorneys want to push back his closely watched wire fraud trial to October from its current August start date, claiming they've been "misled" by "sharp-elbowed" federal prosecutors who have unexpectedly sought to expand the scope of their case against Girardi in recent weeks.
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July 12, 2024
Law360 Names 2024's Top Attorneys Under 40
Law360 is pleased to announce the Rising Stars of 2024, our list of 158 attorneys under 40 whose legal accomplishments belie their age.
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July 12, 2024
San Diego Diocese Heads Toward Mediation In Ch. 11
Lawyers for the Roman Catholic Diocese of San Diego told a California bankruptcy judge Friday that the diocese is hoping to kick off new mediation efforts as it works to resolve more than 450 sexual abuse lawsuits while in Chapter 11.
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July 12, 2024
Giuliani's Ch. 11 Tossed Over Lack Of Financial Candor
Rudolph W. Giuliani, former mayor of New York City and legal adviser to Donald Trump, had his Chapter 11 case dismissed Friday by a New York bankruptcy judge, who found that Giuliani's missing financial disclosure made ending the proceedings the best option for creditors.
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July 12, 2024
Incora Ruling Poses New Risks For Contested Debt Deals
A Texas bankruptcy judge's recent ruling on a 2022 financing deal at aircraft parts supplier Incora adds another twist in the still-nascent case law surrounding so-called creditor-on-creditor violence, forcing lawyers on both sides of contentious debt exchanges to adjust to new legal terrain.
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July 11, 2024
Cigna Objects To Ch. 11 Nursing Home Asset Sale Proposal
Cigna Health and Life Insurance Co. asked a Pennsylvania bankruptcy judge to reject a sale process proposed by some of the debtors in a Pittsburgh-area nursing home network's consolidated Chapter 11 case, saying it gave the debtors too much leeway to change what contracts they will maintain.
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July 11, 2024
Texas Pipe Distributor Can Use Cash Collateral In Ch. 11
A Texas bankruptcy judge Thursday told pipe distributor Tubular Synergy Group LP he would carefully monitor its use of its main lender's cash collateral to continue to do business, while he approved a slate of routine first-day motions for the debtor.
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July 11, 2024
Sorrento Investors Rip Atty Fee Requests Over 'Scant' Results
A group of Sorrento Therapeutics Inc. shareholders has asked a Texas bankruptcy judge to reject $50 million in fee applications by lawyers for the drug developer, charging that the Chapter 11 case has been a "disaster for all stakeholders other than for professionals."
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July 11, 2024
Syracuse Diocese To Notice Creditors On Ch. 11 Releases
Lawyers for the Diocese of Syracuse said they've come up with a process to collect creditor consent for third party releases in an already voted on reorganization plan, telling a New York bankruptcy judge Thursday the approach will hopefully head off confirmation issues after the U.S. Supreme Court struck down nonconsensual third party releases in Chapter 11 plans.
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July 11, 2024
CLO Holder Can't Duck Portfolio Manager's Feud Just Yet
A New York federal court has refused to finalize a February decision dismissing all claims against an investment scheme created to hold collateralized loan obligations whose liquidation is at the center of a sprawling dispute.
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July 11, 2024
Americanas Ch. 15 Held Up By Creditor Treatment Concern
A restructuring plan for Brazilian department store chain Americanas SA hit a roadblock Thursday when a New York bankruptcy judge questioned the treatment of noteholders that didn't consent to giving releases to nondebtor third parties.
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July 11, 2024
CalAmp Prepack Plan With Debt-Equity Swap Confirmed
California-based cloud technology developer CalAmp Corp. received confirmation of its prepackaged Chapter 11 plan on Thursday after making changes requested by the U.S. Trustee's Office and U.S. Securities and Exchange Commission to comply with the U.S. Supreme Court's recent ruling in Purdue Pharma.
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July 11, 2024
Chancery Orders Invictus Fund Sides To Provide Case Update
Pointing to hints of clarity in a distressed credit and special-situations fund's murky, 9-month-old battle for documents and cash held by its general partner and investment manager, a Delaware vice chancellor on Thursday ordered the two sides to produce a case update by Tuesday.
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July 11, 2024
Grocery Co. Takeoff Inks DIP, Sale Deal With Creditors
Grocery automation business Takeoff told a Delaware bankruptcy judge Thursday the company reached a deal with its unsecured creditors to end their opposition to its Chapter 11 financing and sale plans, as well as their attempt to force the debtor to liquidate.
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July 11, 2024
Biden Taps Cohen Weiss Atty As PBGC Director
President Joe Biden on Thursday tapped an attorney who most recently served as of counsel at Cohen Weiss & Simon LLP to head the Pension Benefit Guaranty Corp.
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July 11, 2024
Ex-Bankruptcy Judge Says Immunity Bars Atty Romance Suit
A former U.S. bankruptcy judge being sued over a secret romantic relationship he had with a former Jackson Walker LLP lawyer who practiced in his court urged a Texas federal court on Thursday to toss the case, arguing that he enjoys "absolute immunity" from civil lawsuits over "judicial acts" even if he engaged in misconduct.
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July 11, 2024
Calif. In-Demand Merchandise Maker Files Ch. 7
Los Angeles-based in-demand products maker SQ USA Inc. filed for Chapter 7 liquidation in California bankruptcy court with $21.3 million in debt after the company's business failed for the past few years.
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July 11, 2024
6 Essential Bankruptcy Books For Beach Reading
As summer vacation approaches, it's a great time for attorneys to enjoy leisure reading while staying ahead in their field. Law360 has compiled a list of essential books recommended by industry professionals, from classic practice guides to novels, to equip you with renewed confidence and expertise for the rest of the year and beyond.
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July 10, 2024
Synapse Credit's Finance Lending License Pulled In California
The California Department of Financial Protection and Innovation on Wednesday revoked the financing lending license of Synapse Credit LLC, a subsidiary of Synapse Financial Technologies, whose April bankruptcy resulted in thousands of customers losing access to their accounts and funds.
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July 10, 2024
Acquitted Fla. Atty's Bankruptcy Case Converted To Ch. 7
A Florida federal bankruptcy judge denied a request Wednesday by an attorney who was acquitted last year in a billion-dollar medical fraud scheme to dismiss his Chapter 11 case and instead converted it to Chapter 7 proceedings, saying the debtor has no job and no way to pay creditors.
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July 10, 2024
NJ Property Developer Files Ch. 11 With Up To $50M Liabilities
Real estate developer JGA Development LLC, which owns and operates 84 units and has been developing dozens more, filed for Chapter 11 protection in New Jersey on Tuesday with up to $50 million each of assets and liabilities.
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July 10, 2024
Texas Pipe Distributor Hits Ch. 11 With $50M Debt
A Texas pipe distributor has filed for Chapter 11 in the Lone Star state, as the company hopes to restructure its more than $50 million in debt in the face of default notices from its main lender.
![McElroy Deutsch](https://assets.law360news.com/1857000/1857758/eeac204178a9bd508666bf62ce1b19df4170fd05-mcelroy-deutsch.jpeg)
Behind Ex-McElroy Deutsch CFO's Ch. 11
McElroy Deutsch Mulvaney & Carpenter's former chief financial officer, who has admitted to skimming off $1.5 million from his firm, has filed for bankruptcy in New Jersey as he faces both a civil suit and criminal charges over the embezzlement.
![FILE - In this May 9, 2015 file photo, workers unload pipes at a staging area in Worthing, S.D., for the proposed 1,130-mile Dakota Access Pipeline that would stretch from the Bakken oil fields in North Dakota through South Dakota and Iowa to a hub in Illinois. North Dakota is assessing an additional fee to cover the cost of a contractor to monitor construction of the pipeline. The North Dakota Public Service Commission approved the permit for the Dakota Access Pipeline in January 2016. (AP Photo/Nati Harnik, File)](https://assets.law360news.com/1857000/1857304/ab99c858211cd105d537162dbae833b26f239862-pipeline-oversight-fees.jpeg)
Meet The Team Guiding Tubular Synergy Through Ch. 11
A pair of attorneys from Foley & Lardner LLP is steering Tubular Synergy Group LP, an oil and gas pipe distributor, through its Chapter 11 case in the Northern District of Texas as it seeks to restructure more than $50 million in debt.
![FILE - Rudy Giuliani talks to reporters as he leaves after his defamation trial in Washington, Dec. 15, 2023. Giuliani has been disbarred in New York. The former New York City mayor, federal prosecutor and legal adviser to Donald Trump received the decision Tuesday, July 2, 2024 from an appeals court in Manhattan. (AP Photo/Jose Luis Magana, File)](https://assets.law360news.com/1856000/1856943/07db953b59f26d621ed34d5c0400f0a738c83ddc-rudy_giuliani_disbarred_46111.jpg)
Rudy Giuliani: From America's Mayor To 'Disgraceful' Debtor
After emerging from the ashes of the 9/11 terrorist attack as a public official the wounded nation could rally behind, former New York City Mayor Rudolph W. Giuliani is now being slammed for "disgraceful behavior" in the foundering Chapter 11 case arising from his defamation of election workers in the aftermath of the 2020 presidential election.
Expert Analysis
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A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates
Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.
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Synapse Bankruptcy Has Ripple Effects For Fintech Industry
Synapse Financial Technologies’ recent bankruptcy filing marks a significant moment in the fintech industry's evolution, highlighting that stringent compliance and risk management in fintech partnerships are essential to mitigate risk and protect consumers, say Joann Needleman and Ryan Blumberg at Clark Hill.
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Discount Window Reform Needed To Curb Modern Bank Runs
We learned during the spring 2023 failures that bank runs can happen extraordinarily fast in light of modern technology, especially when banks have a greater concentration of large deposits, demonstrating that the antiquated but effective discount window needs to be overhauled before the next crisis, says Cris Cicala at Stinson.
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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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Del. Bankruptcy Ruling Will Give D&O Insureds Nightmares
In Henrich v. XL Specialty Insurance, the Delaware Bankruptcy Court recently found that a never-served qui tam claim had been "brought" before a D&O policy's retroactive date, thereby eliminating coverage, and creating a nightmare scenario for directors and officers policyholders facing whistleblower claims, says David Klein at Pillsbury.
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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.