Bankruptcy

  • April 11, 2024

    Canadian Trucking Co. Needs More Time For US DIP Approval

    At a hearing Thursday in Delaware bankruptcy court, Canadian trucking company Pride Group was unable to reach an agreement on provisional approval of its debtor-in-possession facility that received the go-ahead in Canadian court, as the U.S. Trustee warned of the expanding scope of Chapter 15 provisional relief hearings.

  • April 11, 2024

    Pro Sports Leagues Balk At Bally Parent's Ch. 11 Plan

    Three major U.S. professional sports leagues, whose games are broadcast by Bally Sports Network parent company Diamond Sports Group, criticized the company's Chapter 11 restructuring plan, saying it fails to provide information about the debtor's go-forward operating business plan and any ongoing business agreements with distributors.

  • April 11, 2024

    Dallas Developers Must Each Pay Bond In $400M Foreclosure

    A Texas appeals court on Thursday ordered developers to cough up more money as they appeal a ruling in a roughly $400 million foreclosure case involving an upscale residential tower in Dallas, saying that each of the debtors needed to file a bond as the case works its way through appeals.

  • April 11, 2024

    Nogin Can Get Another $3M In Ch. 11 Cash To Get Plan Done

    E-commerce company Nogin Inc. received permission Thursday from a Delaware bankruptcy court to draw another $3 million in Chapter 11 financing as it continues working toward implementing its court-approved restructuring plan.

  • April 11, 2024

    Syracuse Diocese Told Its Ch. 11 Plan Needs More Work

    A New York bankruptcy judge Thursday told the Roman Catholic Diocese of Syracuse that its Chapter 11 plan disclosure statement needs another round of revisions to address objections by insurance carriers claiming the plan impairs their contractual rights.

  • April 11, 2024

    Fired Yellow Corp. Workers Can Proceed With Class Action

    A Delaware bankruptcy judge on Thursday lent support to a group of laid off Yellow Corp. workers in their bid to bring a class action against the insolvent trucking company, saying he would recognize claims tied to the terminations brought by both union members and others.

  • April 11, 2024

    FTX Brass, Investors Can't Move Bankruptcy Suit To MDL

    The Judicial Panel on Multidistrict Litigation on Thursday denied a bid to move a Delaware bankruptcy proceeding regarding the collapse of cryptocurrency exchange FTX Trading Ltd. to an ongoing multidistrict litigation brought by the company's investors seeking to recoup their losses.

  • April 11, 2024

    Jury Frees Urban Outfitters From Trade Secrets Suit

    Urban Outfitters on Thursday beat back a lawsuit from a bankrupt online fashion rental company claiming the retailer stole its proprietary information to set up a competing business, with a Philadelphia federal jury finding that the clothing chain did not misappropriate trade secrets.

  • April 10, 2024

    Ex-Art Institutes Execs Want Insurers To Avert $336M Suit

    Former executives of a holding company that bought now-defunct for-profit colleges Argosy University, South University and The Art Institutes asked an Ohio federal court to force excess insurers to settle receivership claims before the pair are formally accused of leaving a $336 million debt in their wake.

  • April 10, 2024

    FTX Strikes Deal With Voyager Over $445M Claim

    FTX Trading Ltd. has asked a Delaware bankruptcy court to approve a deal between it and crypto brokerage Voyager Digital Holdings to resolve its $445 million claim against Voyager and Voyager's $130 million claim against FTX.

  • April 10, 2024

    FDIC Details Prep For Winding Down Failing Financial Giants

    The Federal Deposit Insurance Corp. on Wednesday laid out its most comprehensive overview to date of how it would seek to resolve a failing U.S. banking giant, a scenario that would make use of as-yet untested authorities put in place after the 2008 financial crisis.

  • April 10, 2024

    Honeywell Sues Insurer For $8.75M Performance Bond

    A company that issued a $8.75 million performance bond is refusing to honor its deal with Honeywell International Inc. after a subcontractor declared bankruptcy and didn't finish its work at the Tobyhanna Army Depot in Pennsylvania, Honeywell claims in a suit filed Tuesday in Pennsylvania federal court.

  • April 10, 2024

    Retailer 99 Cents Can Tap $60.8M DIP For Ch. 11 Winddown

    99 Cents Only can access $20.5 million of its Chapter 11 financing package, a Delaware bankruptcy judge ruled Wednesday, after attorneys for the discount retail chain resolved a handful of objections to first day approval of its debtor-in-possession loan.

  • April 10, 2024

    6th Circ. Says Firm Owes Insurer Part Of Defense Bill

    A financial advisory firm's professional liability insurer had no duty to defend the company in underlying securities suits after underlying plaintiffs removed their common law violations, the Sixth Circuit ruled, further allowing the insurer to be reimbursed for some of its defense costs.

  • April 10, 2024

    Diamond Biz Says PE Firm Had 'No Intention' Of Paying Fees

    A Canadian diamond polisher is suing the private equity owner of a lab-grown diamond company in Michigan federal court, arguing that Huron Capital Partners promised to help fund new facilities to process the diamonds it was sending despite knowing the company was heading for bankruptcy and would be unable to pay the fees.

  • April 10, 2024

    Major Lindsey Wins Bid To Have Sex Assault Suit Arbitrated

    A former Major Lindsey & Africa LLC employee's sexual assault lawsuit against the legal recruiting giant must go to arbitration, a New York state judge has decided.

  • April 10, 2024

    Biden's Student Loan Relief Plan Is Unlawful, States Say

    A coalition of states have sued the Biden administration over a student loan forgiveness program that's set to kick in this summer, alleging in a Missouri federal lawsuit that the plan sidesteps statutory authority and will unduly cost taxpayers nearly $500 billion.

  • April 09, 2024

    Quinn Emanuel, Davidoff Hutcher Sued Over Mansion Sale

    The trustee for a bankrupt entity once owned by HFZ Capital Group has sued Quinn Emanuel Urquhart & Sullivan LLP and Davidoff Hutcher & Citron, seeking to claw back up to $2 million the firms allegedly fraudulently received from a $45 million Hamptons mansion sale linked to developer Nir Meir.

  • April 09, 2024

    99 Cents Only Moves Forward On Ch. 11 Shutdown Plans

    Discount retail store 99 Cents Only is on track to close its 371 stores by the end of May as part of its Chapter 11 case after a Delaware bankruptcy judge on Tuesday approved first-day motions that lay groundwork for the company to close down, but held off on approving a debtor-in-possession package until terms reached during hallway negotiations can be memorialized.

  • April 09, 2024

    'No Merit' To Talent Co.'s Bid To DQ Execs' Attys, Judge Says

    A California state judge on Tuesday told attorneys for A3 Artists Agency and its chair, Adam Bold, that their allegation of a conflict of interest "has no merit" and that she tentatively would deny their motion to disqualify opposing counsel representing executives suing Bold and the agency for breach of contract.

  • April 09, 2024

    Akin Lands Paul Hastings Atty As Restructuring Partner In NY

    Akin Gump Strauss Hauer & Feld LLP has hired a Paul Hastings LLP of counsel as a financial restructuring partner in New York, its third Big Apple recruit from that firm in less than a month, the firm announced Tuesday.

  • April 09, 2024

    Solo Atty, Bankruptcy Pro Joins Lewis Brisbois In Del.

    Lewis Brisbois Bisgaard & Smith LLP has bolstered its Delaware office with the addition of a commercial and bankruptcy attorney who formerly operated her own firm for more than six years.

  • April 09, 2024

    Former Blockchain Stock Exchange CEO Sues For $1.4M Pay

    The former CEO of a defunct blockchain securities exchange claims she was denied her final year's salary, bonus and other compensation valued at nearly $1.4 million, according to a complaint filed in Massachusetts state court.

  • April 09, 2024

    Embattled Houston Law Firm Files Ch. 11

    Insurance law firm MMA Law Firm on Tuesday filed for Chapter 11 protection in a Texas bankruptcy court, weeks after a federal judge declined to toss a suit seeking class damages over the Houston firm's allegedly illegal efforts to solicit clients in hurricane-related property damage cases.

  • April 08, 2024

    NRA, LaPierre, Execs Seek To Ax $6M Misconduct Verdict

    The National Rifle Association, its longtime CEO Wayne LaPierre and two other executives asked a New York judge to throw out a Manhattan jury's verdict that they improperly used donor money, among other misconduct, and owe the gun rights group a total of $6.4 million.

Expert Analysis

  • How Attys Can Weather The Next Disaster Litigation Crisis

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    On the heels of a number of damage catastrophes and ensuing litigation this summer alone, attorneys must recognize that it’s a matter of when, not if, the next disaster — whether natural or artificial — will strike, and formulate plans to minimize risks, including consolidating significant claims and taking remedial measures, says Mark Goldberg at Cosmich Simmons.

  • Opinion

    Private Equity Owners Can Remedy Law Firms' Agency Issues

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    Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.

  • Opinion

    Proving Causation Is Key To Fairness And Justice

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    Ongoing litigation over talc and acetaminophen highlights the important legal distinction between correlation and causation — and is a reminder that, while individuals should be compensated for injuries, blameless parties should be protected from unjust claims, say Drew Kershen at the University of Oklahoma College of Law, and Henry Miller at the American Council on Science and Health.

  • Potential WeWork Bankruptcy May Disrupt Coworking Spaces

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    If WeWork files for bankruptcy, as hinted at in its recent quarterly earnings report, landlords may struggle to take over management of WeWork's coworking spaces, but the coworking industry as a whole is showing some promise in adapting to the market's evolving post-pandemic office needs, says Ann Chandler at Hall Estill.

  • How To Protect Atty-Client Privilege While Using Generative AI

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    When using generative artificial intelligence tools, attorneys should consider several safeguards to avoid breaches or complications in attorney-client privilege, say Antonious Sadek and Christopher Campbell at DLA Piper.

  • What FERC-PJM Negotiations Mean For The Energy Industry

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    Following the aftermath of Winter Storm Elliot, disputes associated with the PJM Interconnection settlement negotiations taking place at the Federal Energy Regulatory Commission have brought to the fore a potential legal minefield arising out of extreme weather events that could lead to commercial risks for power generating companies, say attorneys at Hogan Lovells.

  • How New Lawyers Can Leverage Feedback For Growth

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    Embracing constructive criticism as a tool for success can help new lawyers accelerate their professional growth and law firms build a culture of continuous improvement, says Katie Aldrich at Fringe Professional Development.

  • Circuit Rulings Confirm Ch. 11 Trustee Fee Refund Trend

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    Recent Ninth and Eleventh Circuit rulings that Chapter 11 debtors are entitled to refunds for unconstitutional bankruptcy trustee fees paid under the Bankruptcy Judgeship Act support a developing trend in debtors' favor, making it likely that courts considering the same question will follow suit, says Adam Herring at Nelson Mullins.

  • Corporate Compliance Lessons From FirstEnergy Scandal

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    Fallout from a massive bribery scheme involving Ohio electric utility FirstEnergy and state officeholders — including the recent sentencing of two defendants — has critical corporate governance takeaways for companies and individuals seeking to influence government policymaking, say attorneys at Wilson Sonsini.

  • Restructuring Concerns For Distressed De-SPACs

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    Distressed companies struggling to remain viable following a de-SPAC transaction can reduce uncertainty by deleveraging balance sheets, reconfiguring contractual and operational relationships, and creating new opportunities for investors via the pursuit of a prepackaged Chapter 11 reorganization plan, say attorneys at Pillsbury.

  • Twitter Legal Fees Suit Offers Crash Course In Billing Ethics

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    X Corp.'s suit alleging that Wachtell grossly inflated its fees in the final days of Elon Musk’s Twitter acquisition provides a case study in how firms should protect their reputations by hewing to ethical billing practices and the high standards for professional conduct that govern attorney-client relationships, says Lourdes Fuentes at Karta Legal.

  • ABA's Money-Laundering Resolution Is A Balancing Act

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    While the American Bar Association’s recently passed resolution recognizes a lawyer's duty to discontinue representation that could facilitate money laundering and other fraudulent activity, it preserves, at least for now, the delicate balance of judicial, state-based regulation of the legal profession and the sanctity of the attorney-client relationship, say attorneys at Ballard Spahr.

  • With Equity Markets Down, Venture Lending Provides Solution

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    Given the growth of private debt funds, new entrants in the market and equity markets remaining sluggish, more borrowers are turning to venture debt financing, with long-standing venture funds offering flexibility and expertise without the risks of larger banks, says Jennifer Post at Thompson Coburn.

  • Law Firm Professional Development Steps To Thrive In AI Era

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    As generative artificial intelligence tools rapidly evolve, professional development leaders are instrumental in preparing law firms for the paradigm shifts ahead, and should consider three strategies to help empower legal talent with the skills required to succeed in an increasingly complex technological landscape, say Steve Gluckman and Anusia Gillespie at SkillBurst Interactive.

  • Ruling Clarifies Bankruptcy Courts' Class Action Jurisdiction

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    The Second Circuit’s recent ruling in Bruce v. Citigroup shines a light on the limits of bankruptcy court jurisdiction over class actions and provides leverage for defendants to enforce the idea that courts should grant motions to dismiss and strike class allegations, say attorneys at McGuireWoods.

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