Mid Cap
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April 18, 2025
Under the Radar: Bankruptcy News You May Have Missed
A Burger King franchisee went bankrupt after a dispute with the corporation; individuals suing Johnson & Johnson over talc liability tried to revive the pharmaceutical giant's Texas two-step bankruptcy; and supplement company Irwin Naturals lost control of its bankruptcy case.
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April 18, 2025
Heritage Coal Challenges Ex-Owner's Liens In Ch. 11 Offshoot
Bankrupt coal producer Heritage Coal & Natural Resources LLC has asked a Delaware bankruptcy judge to reject the asserted liens of the company's former owner and general manager, saying the debtor's equipment is already subject to liens of prepetition lenders.
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April 18, 2025
Biotech Execs Seek Ch. 15 Pause Pending Trustee Removal
Executives with BIA Separations, the U.S. subsidiary of an Austrian biotechnology company, have asked a Delaware bankruptcy judge to delay granting the foreign company Chapter 15 recognition until efforts to remove the trustee who started the U.S. bankruptcy can be decided.
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April 18, 2025
Skadden Atty Joins Milbank's Financial Restructuring Group
Milbank LLP has added a longtime Skadden counsel as a partner in its financial restructuring group in the New York office, as part of the firm's ongoing global expansion of its restructuring practice.
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April 17, 2025
Fracking Co. Nitro Can Sell Assets For $10M In Ch. 11
A Texas bankruptcy court on Thursday granted fracking services provider Nitro Fluids' motion to sell some of its assets to a stalking horse bidder for almost $10 million.
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April 17, 2025
'Matrix' Producer Lands New, $52.5M Higher Stalking Horse
Movie production and finance company Village Roadshow Entertainment Group asked a Delaware bankruptcy judge to approve a new stalking horse in its Chapter 11, saying the $417.5 million bid for its library tops an earlier offer.
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April 17, 2025
Debt Firm's Successor, Ch. 11 Trustee End Latest Pay Dispute
A law firm that bought thousands of client files left over from the collapse of bankrupt California-based debt relief business Litigation Practice Group PC has agreed to pay nearly $1 million to the bankruptcy estate to help settle a payment dispute that began months ago.
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April 17, 2025
Coach USA Insurer Seeks Coverage Clarification In Ch. 7 Case
An insurer for bus operator Coach USA Inc. asked a Delaware bankruptcy court to find that it does not owe commercial auto liability coverage for certain claims arising out of Coach's operations that are insured by its captive insurer.
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April 17, 2025
Data Breach, Market Challenges Led 23andMe To Ch. 11
Facing macroeconomic headwinds, including rising inflation and expenses associated with a major data breach in October 2023, genetic testing company 23andMe launched a Chapter 11 case last month in Missouri bankruptcy court, disclosing $214 million in debt and its intention to sell the business.
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April 17, 2025
Dorsey & Whitney Adds DOJ Bankruptcy Ace In Del., NY
Dorsey & Whitney LLP has fortified its bankruptcy and financial restructuring group in Delaware and New York with an attorney who came aboard from the U.S. Department of Justice.
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April 16, 2025
3rd Circ. Punts Mining Co. Document Fight To Ch. 11 Judge
The Third Circuit vacated a Delaware bankruptcy judge's order to unseal records a successor of Essar Steel's U.S. unit is seeking to bolster its antitrust claims against Cleveland-Cliffs, ruling Wednesday that the Chapter 11 judge used the wrong standard.
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April 16, 2025
Cutera's Ch. 11 Approved With Opt-Out Releases Intact
The Chapter 11 plan of skin care technology company Cutera Inc. received approval Wednesday from a Texas bankruptcy court, with an opt-out mechanism for third-party releases intact over the objection of the U.S. Trustee's Office.
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April 16, 2025
Limits On Conn. Biz Law Stay In Effect In Sandy Hook Case
A Connecticut appeals court's $150 million paring of a $1.44 billion judgment against Infowars host Alex Jones for defaming the Sandy Hook Elementary School shooting victims' families was a shift away from a broader view of the state's most popular business litigation statute, several experts told Law360.
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April 16, 2025
Fla. Realty Co. Sued Over Home Liens Told To Pay Ch. 11 Bills
A Florida bankruptcy judge on Wednesday said he would approve judgments ordering a realty company sued over predatory listing contracts that effectively acted as liens on homes to pay more than $800,000 in Chapter 11 fees, including to attorneys representing homeowners allegedly duped into signing the agreements.
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April 16, 2025
Jackson Walker Hits Back At Bankruptcy Court Standing Brief
Jackson Walker LLP told a federal judge that the CEO of a now-bankrupt barge company is improperly trying to relitigate the issue of standing in bankruptcy court with his suit over a former judge's secret romance with a firm partner.
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April 16, 2025
Texas Judge Romance Fees Trial Nixed After Disputes Moved
A Texas federal bankruptcy judge on Wednesday canceled an upcoming trial after a federal district court agreed to preside over a suit brought by the U.S. Trustee's Office in an effort to make Jackson Walker LLP forfeit fees from more than 30 cases overseen by a former bankruptcy judge who was romantically involved with a onetime partner at the firm.
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April 16, 2025
Meet The Attys Leading Publishers Clearing House In Ch. 11
Bankrupt sweepstakes company Publishers Clearing House has called upon attorneys from Klestadt Winters Jureller Southard & Stevens LLP to guide its Chapter 11 while it seeks to sell assets and concentrate its future on digital advertising.
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April 15, 2025
2nd Circ. Nixes Insurer's Arbitration Bid in Constellation Suit
The Second Circuit on Tuesday affirmed that Allied World National Assurance Co. can't force a dispute over coverage for negligence claims asserted against directors and officers of medical accounting conglomerate Constellation Healthcare Technologies Inc. into arbitration.
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April 15, 2025
Fintech Creativemass Seeks Quick Liquidation In Ch. 11
A Delaware bankruptcy judge on Tuesday approved a number of first-day motions in the Chapter 11 case of Creativemass, a wealth management app developer that is pursuing a prepackaged liquidation plan through which it would repay creditors in full and wind down.
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April 15, 2025
Chinese Real Estate Developer Hit With Involuntary Ch. 11
Three creditors of Chinese real estate developer Xinyuan Real Estate Co. Ltd. filed an involuntary bankruptcy petition against the company late Monday, saying it is in default on $170 million in note debt.
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April 15, 2025
9th Circ. Backs $272M Verdict For Monster In Bang Ad Case
The Ninth Circuit on Tuesday affirmed a $272 million verdict for Monster Energy Co. in a false advertising case against defunct Vital Pharmaceuticals Inc. and its former CEO, rejecting a series of challenges to rulings that narrowed the evidence at trial.
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April 15, 2025
Ore. Distillery Wants To Sell 6,800 Barrels Of Whiskey In Ch. 11
Bankrupt liquor producer House Spirits Distillery has proposed procedures to sell off its inventory of 6,800 barrels of whiskey in Chapter 11, saying it wants the freedom to complete small-scale sales at will to help it remain liquid during its Chapter 11 case.
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April 15, 2025
Telecom Infrastructure Biz Hits Ch. 11 With Up To $50M Debt
Excell Communications Inc., a telecommunications infrastructure developer, and two affiliates filed for bankruptcy in New York with $45.5 million in unsecured debt after losing a key business relationship.
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April 15, 2025
Mounting Fees In Exactech Ch. 11 Worries Judge
Exactech Inc. Tuesday told a Delaware bankruptcy judge that the implant maker has secured enough funding to keep its Chapter 11 case going until its scheduled confirmation hearing at the end of May, while the judge said she was concerned about mounting attorneys fees.
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April 15, 2025
Catching Up With New Bankruptcy Case Action
Publishers Clearing House entered Chapter 11 in New York as it looks to sell assets and focus on its digital business; a paper towel company that stocks Trader Joe's and other grocery store chains entered Chapter 11 in Delaware with a $126 million bid to buy its company as a sale floor; and a Brazilian sugar producer asked a New York bankruptcy court to recognize a foreign insolvency.
Expert Analysis
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Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.
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Adapting To Private Practice: From DOJ Leadership To BigLaw
The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.
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Law Firm Executive Orders Create A Legal Ethics Minefield
Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.
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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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Perfecting Security Interests In Renewable Energy Tax Credits
The ability to transfer renewable energy tax credits has created new opportunities for developers, investors and lenders, but it also raises important questions regarding when and how the security interests in these credits are perfected — questions that must be answered definitively to protect credit claims and transactions, says Harry Teichman at Stinson.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.
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Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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3 Del. Bankruptcy Cases Highlight US Trustee Objections
As three recent Delaware bankruptcy cases show, debtors who seek approval of a stalking horse bid protections agreement should be prepared for the U.S. Trustee Office's objections, including if the proposed classification for the bid protections is a superpriority administrative expense claim, says Kyle Arendsen at Squire Patton.
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Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.