Mid Cap
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March 28, 2025
Chinese Pool Parts Supplier Can't Undo False Ads Verdict
A Chinese pool parts supplier can't reverse a jury verdict for false advertising and deceptive business practices, a North Carolina federal judge has said, finding the company tried to bring new arguments that weren't raised at trial.
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March 28, 2025
Ex-Director Of DOJ's Bankruptcy Watchdog Appeals Removal
The former director of the Department of Justice's U.S. Trustee Program, which oversees bankruptcy proceedings, has filed an appeal of her termination, saying it was without cause and violated her due process rights, according to documents obtained by Law360 on Friday
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March 28, 2025
Azzur Judge OKs At Least $1.3M In Potential Exec Bonuses
A Delaware bankruptcy judge on Friday approved Azzur Group Holdings LLC's plan to award company executives at least $1.3 million if a Chapter 11 sale yields at least $56 million in proceeds, over the objection of the U.S. Trustee's Office, which flagged a potential conflict of interest for an independent manager.
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March 28, 2025
NYC Margaritaville Ch. 11 Plan OK'd After Buffett Hit Played
A New York bankruptcy judge on Friday confirmed the Chapter 11 plan of the developer of the Margaritaville resort in Times Square, as he played the resort's namesake song during a hearing.
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March 28, 2025
3rd Circ. Preview: April Arguments Feature Class Action Rows
The Third Circuit's April argument lineup springs into action with securities litigation brought by Walmart investors claiming they were misled about the government's opioid investigation into the company, and a bid to upend an attorney fee award stemming from the settlement of data breach litigation against convenience store chain Wawa.
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March 28, 2025
The Supreme Court's Week: By The Numbers
The U.S. Supreme Court heard five arguments this week, including in cases over the proper venue for challenges to EPA actions and the potential revival of a doctrine not used since the 1930s, while also issuing two rulings, one of them a high-profile decision involving ghost guns. Here, Law360 Pulse takes a data-driven dive into the week that was at the U.S. Supreme Court.
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March 28, 2025
CarePoint Mediator Says Ch. 11 Confirmation Deal Is Futile
A mediator appointed in a New Jersey hospital operator's Chapter 11 told a Delaware bankruptcy judge that discussions to close the gap on holdout objections to its reorganization plan have hit a wall.
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March 28, 2025
Meet The Attys Assisting Village Roadshow In Ch. 11
Village Roadshow Entertainment Group, a production company behind blockbusters like "The Matrix" and "The Great Gatsby," has put together a team of lawyers from Young Conaway Stargatt & Taylor LLP and Sheppard Mullin Richter & Hampton LLP to help it pursue a sale amid Chapter 11.
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March 28, 2025
'Matrix' Producer Gets 2-Member Creditor Committee
The U.S. Department of Justice's bankruptcy watchdog selected a landlord and a movie production consultant to make up the unsecured creditors committee in Village Roadshow Entertainment Group's Delaware Chapter 11.
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March 27, 2025
Diocese Creditors Gain Access To Abuse Claim Data In Ch. 11
Creditors of the Archdiocese of San Francisco will have access to records of the archdiocese's independent review board after a California bankruptcy judge said production of the documents serve a valid purpose in its Chapter 11 case.
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March 27, 2025
Sticky's Seeks To Pluck Ch. 11 Victory From Jaws Of Defeat
Popular New York-area chicken restaurant chain Sticky's has asked a Delaware bankruptcy judge for permission to enter deals with a Southern-style restaurant chain and an investment firm in a last-ditch attempt to sell off the debtor's assets in its Chapter 11 case.
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March 27, 2025
Exactech To Solicit Ch. 11 Plan Votes Amid Claimant Row
A Delaware bankruptcy judge on Thursday approved Exactech Inc.'s contentious bid to solicit votes from creditors on its Chapter 11 plan after the implant maker agreed to include a statement from a committee of unsecured creditors in its disclosure statement that reflects the group's opposition to the deal.
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March 27, 2025
Mondee's $200M Ch. 11 Sale OK'd Over Shareholder Objection
A Delaware bankruptcy judge on Thursday approved a nearly $200 million sale of assets by artificial intelligence-powered travel app company Mondee Holdings, overruling objections from a shareholder and saying the deal is in the best interests of creditors.
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March 27, 2025
Pa. Coal Co. Gets OK For $23.5M Asset Sale In Ch. 11
A Pennsylvania bankruptcy judge on Thursday approved the sale of assets of bankrupt Corsa Coal Corp. for $23.5 million, overriding arguments against including litigation claims in the sale and for earmarking proceeds for environmental cleanup.
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March 27, 2025
Meet The Attys Helping 23AndMe Through Ch. 11
DNA testing company 23andMe Holding Co. enlisted a group of attorneys from Carmody MacDonald PC and Paul Weiss Rifkind Wharton & Garrison LLP to help it address $214 million in debt as it tries to sell its business through Chapter 11.
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March 27, 2025
TreeSap Farms Gets Final OK For $51M Ch. 11 Loan
Landscape plant grower TreeSap Farms LLC received a Texas bankruptcy judge's approval to tap the final branch of its $51 million debtor-in-possession loan as it looks to sell itself in Chapter 11.
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March 27, 2025
Gastropub Chain Bar Louie Hits Second Chapter 11 In 5 Years
Texas-based gastropub chain Bar Louie filed for Chapter 11 protection in Delaware, listing nearly $70 million of debt, about five years after the chain sold itself to creditors in a previous bankruptcy.
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March 26, 2025
Sotomayor Urges Caution On Nondelegation Doctrine Revamp
U.S. Supreme Court Justice Sonia Sotomayor cautioned her colleagues during oral arguments Wednesday against using a challenge to the Federal Communications Commission's administration of a broadband subsidy program as a way to resurrect the long-dormant nondelegation doctrine. Several conservative justices, however, seemed willing to disregard that admonition.
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March 26, 2025
23andMe Says Ch. 11 Privacy Ombudsman Not Required
DNA testing company 23andMe Inc.'s customer data will be protected in Chapter 11, its attorneys told a Missouri bankruptcy judge Wednesday as it argued that the appointment of a consumer privacy ombudsman is not required.
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March 26, 2025
Resort Developer Asks To Unwind Pre-Ch. 11 Equity Deal
California resort developer SilverRock Development Co. filed an adversary complaint in its Chapter 11 case Tuesday asking a Delaware court to unwind a pre-bankruptcy securitization transaction that converted preferred shares into secured debt.
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March 26, 2025
Mondee Defends Ch. 11 Sale To Stalking-Horse Bidder
Bankrupt travel app company Mondee Holdings Inc. on Wednesday defended its plan to sell its assets for about $200 million to its stalking-horse bidder, asking a Delaware judge to overrule a shareholder's objection that claimed the proposed sale runs afoul of bankruptcy rules.
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March 26, 2025
Judge To OK $3.3M DIP Draw In Wood Insulation Co.'s Ch. 11
A Delaware bankruptcy judge said Wednesday she will allow wood fiber insulation maker GO Lab Inc. to tap into a $10 million Chapter 11 bankruptcy financing facility provided by existing bondholders on an interim basis as the company seeks to restructure its balance sheet and give those bondholders nearly all equity.
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March 26, 2025
23AndMe's Ch. 11 Sale Hinges On Patchwork Of Privacy Laws
Bankrupt genetic testing company 23andMe wants to put its vast store of genetic data up for auction in order to repay creditors, but customer privacy concerns and a patchwork of state data protection laws could throw this plan into disarray.
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March 26, 2025
NY REIT Gets Ch. 11 Plan Confirmed After Deal With Creditors
A Delaware bankruptcy judge on Wednesday approved New York-based real estate investment trust JER Investors Trust Inc.'s Chapter 11 plan that calls for about $2.25 million in payments to general unsecured claim holders, following the company's report that it reached a consensus with noteholders that challenged the proposal.
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March 26, 2025
Office Snapshot: Butler Snow Trims Nashville Footprint
In response to changing operational needs, including a decreased need for physical storage and a greater need for collaborative spaces, Butler Snow LLP recently moved to a new office in Nashville's historic Germantown district that it said better fits its goals in the fast-growing city.
Expert Analysis
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A Closer Look At SDNY Bankruptcy Rule Amendments
The U.S. Bankruptcy Court for the Southern District of New York’s recent amendments to its local rules aim to streamline key Chapter 11 processes, resolve misunderstandings about previous iterations of the rules and urge caution about the use of artificial intelligence, say attorneys at Skadden.
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FTX Exec's Sentencing Shows Pros And Cons Of Cooperation
The sentencing of former FTX tech deputy Gary Wang, whose cooperation netted him a rare outcome of no prison time, offers critical takeaways for attorneys and clients navigating the burgeoning world of crypto-related prosecutions, says Andrew Meck at Whiteford.
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Gardening Makes Me A Better Lawyer
Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.
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Equitable Mootness Insights From Greenlit Ch. 11 Plan Appeal
A Texas federal court recently allowed a challenge to ConvergeOne's Chapter 11 bankruptcy plan to proceed because it wouldn't disrupt the IT company's confirmed plan or harm creditors, reinforcing the importance of judicial restraint in applying equitable mootness where limited relief is possible, say attorneys at Parkins & Rubio.
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Litigation Inspiration: Reframing Document Review
For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.
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The Challenges Of Abandoned Retirement Plans In Ch. 7
The Department of Labor's rule for unwinding retirement accounts when plan sponsors file for Chapter 7 bankruptcy was intended to alleviate trustees' administration issues, but practical challenges, like unresolved fee and identification matters, could hinder its implementation, say David Goodrich at Golden Goodrich and Nancy Simons at Stretto.
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Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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When Investigating An Adversary, Be Wary Of Forged Records
Warnings against the use of investigators who tout their ability to find an adversary’s private documents generally emphasize the risk of illegal activity and attorney discipline, but a string of recent cases shows an additional danger — investigators might be fabricating records altogether, says Brian Asher at Asher Research.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
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A Strategic Checklist For Bankruptcy Motion Objections
Excerpt from Practical Guidance
Hewing to a set of best practices for objecting to a motion in bankruptcy cases can help creditors’ counsel stay on track as they juggle deadlines and jurisdictions, determine whether filing will help or harm the client, and negotiate with the debtor.
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The 3rd-Party Bankruptcy Release Landscape After Purdue
In its Purdue Pharma ruling prohibiting nonconsensual third-party releases, the U.S. Supreme Court did not comment on criteria to render a third-party release consensual, opening a debate in the bankruptcy courts on the permissibility of opt-out versus opt-in releases, say attorneys at Morgan Lewis.