Mid Cap
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November 15, 2024
Ex-McElroy Deutsch Exec Says Firm Has No Claim On House
The former McElroy Deutsch Mulvaney & Carpenter LLP business development director whose husband pled guilty to stealing millions from the firm has argued that the time has come for the court to toss an attempt by the firm to put her house in a constructive trust.
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November 15, 2024
UAE Defense Contractor Facing Questions On Quitting Ch. 11
A Delaware bankruptcy judge on Friday said she would allow a competitor and arbitration award claimant of an Abu Dhabi-based defense contractor limited discovery into the company's decision not to fight the dismissal of its Chapter 11 case.
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November 15, 2024
Eletson To Appeal Order Confirming Rival Ch. 11 Plan
Gas tanker operator Eletson Holdings Inc. has opened an appeal of a New York bankruptcy judge's confirmation of a Chapter 11 plan proposed by petitioning creditors, according to a notice of the move.
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November 15, 2024
Sterilization Co. Cosmed Hits Ch. 11 Amid Cancer Claims
Sterilization company Cosmed Group Inc. filed for Chapter 11 protection in a Texas bankruptcy court Thursday with over $100 million in liabilities, much of it related to cancer claims over the gas that it uses for sterilization.
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November 15, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Ocado file an intellectual property claim against an African fruit and vegetable importer, a claim filed against a Swiss bank founded by Indian billionaire Srichand Parmanand Hinduja and 300 individuals sue travel company TUI. Here, Law360 looks at these and other new claims in the U.K.
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November 15, 2024
Ex-Freshfields Partner Suspended Over Inappropriate Conduct
A former partner with Freshfields will face a two-year suspension and a costs bill of £66,000 ($83,500), the profession's disciplinary tribunal has ruled after finding that he had engaged in "inappropriate and unwanted conduct" while employed at the firm.
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November 14, 2024
Inflation, Election Anxiety Drove Bankruptcy Hike, Experts Say
Bankruptcy filings for both businesses and consumers have risen by 16% over the past year, with factors such as inflation, residual impacts of high interest rates, the COVID-19 pandemic, and macroeconomic uncertainties in the run-up to a contentious presidential election as key drivers, restructuring experts told Law360.
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November 14, 2024
Giuliani Attys Signal Impasse In Bid To Exit Collection Cases
Attorneys representing disgraced ex-lawyer Rudy Giuliani asked a New York federal court to allow them to withdraw from representing him in a pair of cases from former Georgia poll workers seeking to collect a $148 million defamation award against him, indicating they are at odds with the onetime New York City mayor.
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November 14, 2024
Louisiana Oil Field Co. Hits Ch. 11 Again With $115M Debt
PetroQuest Energy Inc., an oil and gas exploration company, filed for bankruptcy in Delaware reporting $115.5 million in debt with plans to sell its Texas operations five years after it exited Chapter 11 in 2019.
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November 14, 2024
The Onion Buys Alex Jones' Infowars At Ch. 7 Auction
Satirical news website The Onion has purchased Alex Jones' Infowars at a Chapter 7 bankruptcy auction, according to a Thursday announcement by the firm representing Sandy Hook shooting survivors who won a $1.4 billion defamation award over his claims the massacre was a hoax.
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November 13, 2024
Q&A With FTX Lead Ch. 11 Atty Andy Dietderich — Part II
Sullivan & Cromwell LLP's Andy Dietderich led the legal team that represented FTX Trading Ltd. in its two-year-long, $14 billion-plus Chapter 11 case — from shortly before the company's bankruptcy filing in Delaware to its recent successful confirmation hearing.
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November 13, 2024
Judge To Confirm Ambri Ch. 11 Wind-Down Plan
A Delaware bankruptcy judge Wednesday agreed to approve the Chapter 11 plan of battery company Ambri Inc., which will sell its assets to its lenders and wind down.
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November 13, 2024
Sticky's Chicken Gets OK For 3-Year Ch. 11 Plan
A Delaware bankruptcy judge Wednesday confirmed the Chapter 11 plan of popular New York-area chicken restaurant chain Sticky's that includes a $300,000 equity infusion from existing investors.
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November 13, 2024
Catching Up With New Bankruptcy Case Action
Former used-car retailer Vroom, prison healthcare provider Wellpath and film production services company Film Finances have all filed for Chapter 11 bankruptcy protection, citing economic difficulties in the wake of the COVID-19 pandemic.
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November 13, 2024
Blink Fitness Gets OK For $121M Sale To PureGym
A Delaware bankruptcy judge has approved Blink Fitness' $121 million sale of its assets to U.K.-based PureGym Ltd., whose subsidiary won an auction held late last month, overruling objections over the auction's fairness as unfounded.
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November 13, 2024
Instant Brands Equity Owner Accused Of Lying To Lenders
The litigation trustee for bankrupt kitchenware maker Instant Brands Wednesday filed suit in Texas bankruptcy court accusing the company's equity owner of lying to lenders and sending the company into Chapter 11 in order to collect $200 million in dividends.
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November 13, 2024
Gritstone Bio Can Tap $25M New DIP As It Works Toward Sale
Vaccine developer Gritstone bio Inc. won a Delaware bankruptcy judge's approval Wednesday to borrow $25 million in new financing to support itself in Chapter 11 as the biotechnology company works to find a buyer.
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November 13, 2024
Jackson Walker Must Supply Docs In Judge-Atty Affair Probe
The Texas federal court overseeing a U.S. Trustee's Office probe of a former Jackson Walker LLP partner's undisclosed relationship with a then-bankruptcy judge has given the firm until Friday to turn over its communications with public relations firms and pages from its attorney sourcebook.
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November 13, 2024
Goulston & Storrs Real Estate Attys Talk Distress Playbook
As commercial real estate distress continues to play out, attorneys are seeing lenders adopt new strategies to save or reduce their exposure to troubled assets, sometimes working in tandem with investors looking to purchase such loans.
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November 13, 2024
Online Car Financing Co. Vroom Crashes Into Ch. 11
Former used car seller and financier Vroom Inc. filed for Chapter 11 bankruptcy Wednesday in Texas with a prepackaged plan to swap $290 million of debt for the bulk of the equity in a reorganized business.
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November 12, 2024
Q&A With FTX Lead Ch. 11 Atty Andy Dietderich — Part I
Sullivan & Cromwell LLP's Andy Dietderich led the legal team that represented FTX Trading Ltd. in its two-year-long, $14 billion-plus Chapter 11 case — from shortly before the company's bankruptcy filing in Delaware to its recent successful confirmation hearing.
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November 12, 2024
3rd Circ. Weighs Boy Scouts Ch. 11, Calif. AG Balks At Fee Bid
The Third Circuit heard arguments on Boy Scouts of America's Chapter 11 plan from sexual abuse survivors as well as insurers, California's attorney general disputed Sullivan & Cromwell's fee requests in Kidde-Fenwal Inc.'s bankruptcy, and the U.S. trustee is seeking documents from Jackson Walker LLP regarding a former attorney's secret relationship with a bankruptcy judge. This is the week in bankruptcy.
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November 12, 2024
Biolase Strikes Deal With Creditors For Sale, Final DIP
A Delaware bankruptcy judge agreed Tuesday to approve a $20 million sale and a final debtor-in-possession loan for dental technology maker Biolase Inc., which reported it worked out a deal and revised budget for the company's Chapter 11 to quell objections from the official committee of unsecured creditors.
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November 12, 2024
Former FTX Top Atty Joins Lowenstein Sandler In NY
Lowenstein Sandler LLP announced Tuesday that the former general counsel at crypto exchange FTX will join the firm's New York office as a partner and chair of its new commodities, futures and derivatives practice group.
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November 12, 2024
DLA Piper Bolsters Restructuring Practice With Dechert Pro
DLA Piper has hired an experienced restructuring expert from Dechert LLP to its practice in London, as the firm braces for continued global financial distress driven by geopolitical turmoil and macroeconomic headwinds.
Expert Analysis
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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How 9th Circ. Ruling Expands Bankruptcy Trustees' Powers
The Ninth Circuit recently held in The Lovering Tubbs Trust v. Hoffman that a trustee can avoid intentionally fraudulent transfers, even if no creditor suffered harm as a result, materially strengthening bankruptcy trustees' powers, say Robert Klyman and Rod Kazempour at DLA Piper.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.
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8 Childhood Lessons That Can Help You Be A Better Attorney
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.
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Playing Diplomacy Makes Us Better Lawyers
Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.
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Mental Health First Aid: A Brief Primer For Attorneys
Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.
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AI May Limit Key Learning Opportunities For Young Attorneys
The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.
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Considering Possible PR Risks Of Certain Legal Tactics
Disney and American Airlines recently abandoned certain litigation tactics in two lawsuits after fierce public backlash, illustrating why corporate counsel should consider the reputational implications of any legal strategy and partner with their communications teams to preempt public relations concerns, says Chris Gidez at G7 Reputation Advisory.
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It's No Longer Enough For Firms To Be Trusted Advisers
Amid fierce competition for business, the transactional “trusted adviser” paradigm from which most firms operate is no longer sufficient — they should instead aim to become trusted partners with their most valuable clients, says Stuart Maister at Strategic Narrative.
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Expect More Restaurant Ch. 11s As COVID Debt Comes Due
The wave of restaurant bankruptcies is likely to continue in the coming months as companies face the looming repayment of COVID-19 pandemic-era government loans, an uncertain economy and increased interest rates, says Isaac Marcushamer at DGIM Law.
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Mitigating Risk In Net Asset Value Facility Bankruptcies
In times of economic turbulence, parties to bankruptcy proceedings that involve net asset value facilities can mitigate risk by understanding the purpose of the automatic stay, complications it can create for NAV facility lenders and options for relief, say attorneys at Mayer Brown.
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Tax Traps In Acquisitions Of Financially Distressed Targets
Excerpt from Practical Guidance
Parties to the acquisition of an insolvent or bankrupt company face myriad tax considerations, including limitations on using the distressed company's tax benefits, cancellation of indebtedness income, tax lien issues and potential tax reorganizations.
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7 Steps To Take Before Responding To Claim Objections
Excerpt from Practical Guidance
When counsel is notified of an objection to the proof of claim in a bankruptcy case, they should contact the client and begin discussing the cost and benefit of responding.