Mid Cap

  • January 16, 2025

    Trust Of Retailer Fred's Can Claw Back Pre-Ch. 11 Transfers

    A Delaware bankruptcy judge granted partial summary judgment to the liquidating trust for defunct retailer Fred's Inc. in its bid to recover more than $3 million it paid to logistics company C.H. Robinson Co. Inc. in the months ahead of its 2019 bankruptcy, ruling the payments are avoidable because C.H. Robinson applied credit pressure on the financially distressed retailer.

  • January 16, 2025

    Giuliani Settles NY Asset Turnover Case After Trial No-Show

    Rudy Giuliani on Thursday settled claims that he must turn over assets to fund a $148 million judgment for defaming two Georgia poll workers, after his failure to show up in court delayed the start of a scheduled bench trial.

  • January 15, 2025

    Chancery Awards $1.6M To Food Recycler In Trade Secret Fight

    The former leaders of a now-defunct food waste company owe another company $1.6 million for misappropriating a process for turning waste into fertilizer and animal feed, a Delaware vice chancellor said in a decision released Wednesday, finding they "rode" that process "all the way to the bank."

  • January 15, 2025

    When One Ch. 11 Doesn't Cut It: Recent 'Chapter 22s'

    If there's something worse than bankruptcy, it's having to go through bankruptcy more than once. From exit loans that act more like a millstone than a launchpad, to unsuccessful attempts to shake off tort liability, to macroeconomic headwinds that just won't stop blowing, most Chapter 11 debtors show up to court more distressed the second time around. 

  • January 15, 2025

    NJ Hospital Chain Reorg Plan Nets Flurry Of Objections

    The proposed disclosure statement and Chapter 11 plan of New Jersey hospital operator CarePoint Health Systems Inc. drew more than a half dozen objections, including from former owners, a prospective buyer, an insurance company and the U.S. Trustee's Office, with the debtor's reorganization proposal denounced as "skeletal" and "patently flawed."

  • January 15, 2025

    Boeing Vexes Judge In 737 Max Records Flap With Airline

    The Boeing Co. can't use a now-defunct South African airline's loss of records to dodge a suit over fallout from a 737 Max airplane deal, a Washington federal judge has said, chiding the aerospace giant for offering thin circumstantial evidence of intent without any "smoking gun."

  • January 15, 2025

    Judge OKs More Fees In Calif. Debt Relief Firm's Bankruptcy

    A California bankruptcy judge has tentatively approved an additional $2.1 million in professional fees in the bankruptcy case of a troubled debt relief firm, despite the amount of professional fees already exceeding the amount paid out to creditors so far.

  • January 15, 2025

    Judge OKs Digital Media Solutions' Ch. 11 Wind-Down Plan

    A Texas bankruptcy judge on Wednesday gave bankrupt digital advertising firm Digital Media Solutions Inc. approval for its proposed Chapter 11 plan, overruling objections from the U.S. trustee who argued the plan unlawfully includes nonconsensual third-party releases.

  • January 15, 2025

    Meet The Attys Moving Wynne Transportation Through Ch. 11

    Wynne Transportation Holdings LLC has secured the help of attorneys from Landis Rath & Cobb LLP to see it through a restructuring in the wake of an arbitrator's judgment that the company must pay a former subcontractor $32.8 million, which came after the state of Texas required the debtor to bus migrants to Democrat-controlled areas.

  • January 15, 2025

    AI Travel App Co. Mondee Files Ch. 11 With Sale Plans

    Artificial intelligence-supported travel agency application maker Mondee Holdings Inc. filed for Chapter 11 protection in Delaware, saying it has a baseline offer for the acquisition of its assets and $49 million in financing from existing lenders.

  • January 14, 2025

    Strong Demand Couldn't Stave Off Ch. 11 For Wynne

    Before it filed for bankruptcy Friday, Wynne Transportation appeared to be in healthy financial shape — if it weren't for project delays and litigation with a former subcontractor tied to a state government contract to bus migrants out of Texas.

  • January 14, 2025

    Catching Up With New Bankruptcy Case Action

    California-based hospital operator Prospect Medical Holdings filed for Chapter 11 in Texas with over $1 billion in debt. Joriki USA Inc. filed for Chapter 7 with $300 million in liabilities after its Canadian parent sought creditor protection and shut down a plant due to a listeria outbreak.

  • January 14, 2025

    Wynne Transportation Can Tap Some Of $6M DIP In Ch. 11

    A Delaware bankruptcy judge said Tuesday she will allow transportation service provider Wynne Transportation to borrow $2 million in initial debtor-in-possession financing on an interim basis, clearing the way to fund a Chapter 11 case the company launched in the wake of a nearly $33 million arbitration judgment.

  • January 14, 2025

    Judge Sets Sept. Deadline For Buffalo Diocese Ch. 11 Plan

    A New York bankruptcy judge has told the Roman Catholic Diocese of Buffalo and its creditors they have until September to come up with a plan to settle the diocese's liability for approximately 900 claims of child sex abuse.

  • January 14, 2025

    Trade Secret Suit Sends New Zealand Software Co. Into Ch. 15

    A New Zealand company that develops actuarial software products supported by artificial intelligence commenced a Chapter 15 bankruptcy case in Delaware Tuesday, saying ongoing trade secrets litigation had harmed its sales and operations.

  • January 14, 2025

    Giuliani Atty Chided For 'Higher Power' Remark Ahead Of Trial

    A Manhattan federal judge pushed back Tuesday against Rudy Giuliani's lawyer ahead of a trial on whether the former New York City mayor must turn over his Florida condo and World Series rings to help cover a $148 million defamation judgment, after Giuliani's counsel said a precluded witness "answers to a higher power than this court."

  • January 13, 2025

    Ace Gallery Founder Gets 2 Years In Prison For Embezzlement

    A California federal judge on Monday sentenced art dealer Douglas Chrismas, who founded the internationally renowned Ace Gallery, to two years in prison for embezzling hundreds of thousands of dollars from the bankruptcy estate of the shuttered Los Angeles art gallery.

  • January 13, 2025

    Colombian Refinery Co. Gets $1B McDermott Award OK'd

    Colombia's state-owned oil company on Friday won enforcement of a $1 billion arbitral award issued against Dutch and British units of Texas-based construction firm McDermott International following a dispute over a refinery modernization project.

  • January 13, 2025

    Giuliani Held In Contempt Again, EPA Slams $535M Talc Deal

    Former New York City Mayor Rudy Giuliani was held in contempt for a second time, Johnson & Johnson's bankrupt spinoff called Brown Rudnick's bid to represent an official committee of talc claimants "an ethical violation," and the federal government objected to a $535 million settlement that bankrupt talc supplier Whittaker Clark & Daniels reached regarding talc claims in its New Jersey Chapter 11 case.

  • January 13, 2025

    Crypto Miner Hits Back At Involuntary Ch. 11 Petitioners

    Bankrupt cryptocurrency mining operation Mawson Infrastructure answered an involuntary Chapter 11 petition by a group of secured creditors, telling a Delaware court that the December filing is a bad faith effort by a former executive to harass the business.

  • January 13, 2025

    Sen. Warren To Grill Treasury Pick On Trump's Tax Agenda

    Sen. Elizabeth Warren, D-Mass., plans to ask Treasury secretary nominee Scott Bessent at his confirmation hearing in front of the Senate Finance Committee on Thursday about President-elect Donald Trump's tax agenda and plans for the Internal Revenue Service, according to a letter she sent the nominee.

  • January 13, 2025

    Infowars Bidder Raises Offer As Attys Consider Auction

    A failed bidder for conspiracy-monger Alex Jones' Infowars has more than doubled the amount it would pay to acquire the website, and the parent company of satirical news site The Onion is preparing to submit its own revised bid, counsel for the trustee in Jones' Chapter 7 case said at a hearing in Texas bankruptcy court Monday.

  • January 13, 2025

    Canadian Packing Co. Files Ch. 7 For US Plant

    A Pennsylvania food and beverage packaging facility has filed for Chapter 7 liquidation with over $300 million in debt on the heels of its Canadian parent company petitioning for creditor protection after one of its plants was shut down over a listeria outbreak.

  • January 13, 2025

    Alex Jones Switches Conn. Attys In $1B Sandy Hook Appeal

    A Randazza Legal Group attorney will represent Alex Jones in a Connecticut Supreme Court bid to erase the remainder of a $1.44 billion defamation judgment for Sandy Hook shooting victims after the Infowars host's now-former lawyer raised unspecified conflict concerns about a third attorney representing Jones in the Connecticut appeal.

  • January 13, 2025

    Ex-Sacks Weston Atty's Theft Supports Suspension, Court Told

    The severity of a suspended Philadelphia attorney's actions when he defrauded his former firm, Sacks Weston LLC, of almost $320,000 supports the Pennsylvania Disciplinary Board's recommendation of a five-year suspension of his law license, the state's Office of Disciplinary Counsel has argued.

Expert Analysis

  • Gardening Makes Me A Better Lawyer

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    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.

  • Equitable Mootness Insights From Greenlit Ch. 11 Plan Appeal

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    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.

  • Litigation Inspiration: Reframing Document Review

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    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.

  • The Challenges Of Abandoned Retirement Plans In Ch. 7

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    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.

  • Circus Arts Make Me A Better Lawyer

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    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.

  • When Investigating An Adversary, Be Wary Of Forged Records

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    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.

  • 3 Ways To Train Junior Lawyers In 30 Minutes Or Less

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    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.

  • The Bar Needs More Clarity On The Discovery Objection Rule

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    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.

  • So You Want To Move Your Law Practice To Canada, Eh?

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    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.

  • A Strategic Checklist For Bankruptcy Motion Objections

    Excerpt from Practical Guidance
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    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.

  • The 3rd-Party Bankruptcy Release Landscape After Purdue

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    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.

  • Striking A Balance Between AI Use And Attorney Well-Being

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    As the legal industry increasingly adopts generative artificial intelligence tools to boost efficiency, leaders must note the hidden costs of increased productivity, and work to protect attorneys’ well-being while unlocking AI’s full potential, says Ed Sohn at Factor.

  • Being An Artist Makes Me A Better Lawyer

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    My work as an artist has highlighted how using creativity and precision together — qualities that are equally essential in both art and law — not only improves outcomes, but also leads to more innovative and thoughtful work, says Sarah La Pearl at Segal McCambridge.

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