Large Cap
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January 14, 2025
Resort Developer Asks To Wind Up Chinese Co. In Bahamas
The developer of the Baha Mar resort in the Bahamas filed a petition Tuesday to liquidate a Chinese-owned construction firm that was hit with a $1.6 billion judgment last year by a New York court over its fraud tied to the construction of the resort project.
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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.
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January 14, 2025
Airline Workers' Attys Get $4.2M From ESOP Deal
A Delaware federal judge Tuesday awarded over $4.2 million in fees to class counsel in a suit over alleged mismanagement of the employee stock ownership plan at bankrupt cargo hauler Western Global Airlines that was settled in September for $14.5 million.
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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.
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January 13, 2025
Meet The Attorneys Advising Prospect Medical In Ch. 11
A team of attorneys from Sidley Austin LLP is representing California-based hospital operator Prospect Medical Holdings Inc. in its Chapter 11 case in Texas, as the company aims to sell several facilities while refocusing on operations in its home state.
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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.
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January 13, 2025
Purdue Pharma Inks Draft Deal, Seeks Mediation Extension
OxyContin maker Purdue Pharma LP has inked a 50-page term sheet and 75-page draft master settlement agreement that could resolve its more than 5-year-old bankruptcy case after its last plan was tossed out, it said in a New York court filing.
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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.
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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.
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January 13, 2025
Yellow Corp. Says Pension Funds Set Liability Too High
Bankrupt trucking company Yellow Corp. told a Delaware bankruptcy judge on Monday that the administrators of its union pension funds have set the company's liability for ending its contributions too high.
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January 12, 2025
Hospital Operator Hits Ch. 11 With $1B-Plus Debt, Sale Plans
Listing more than $1 billion in debts, California-based hospital operator Prospect Medical Holdings Inc. and several subsidiaries on Saturday filed a Chapter 11 petition in bankruptcy court in the Northern District of Texas, saying they intend to advance the planned sales of several facilities and refocus on operations in their home state.
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January 10, 2025
Under The Radar: Bankruptcy News You May Have Missed
Solar power company iSun asked to switch its bankruptcy proceedings to a Chapter 7, after finding that it couldn't afford its Chapter 11 plan. Nash Engineering Co.'s Chapter 7 trustee asked a bankruptcy judge to sign off on a $9 million settlement with two insurers that had bought back their policies in 2020. And the Second Circuit put out the call for would-be bankruptcy judges to submit their applications to sit on the bench in Manhattan.
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January 10, 2025
Bradley Arant Promotes 17 Attorneys To Partner
Bradley Arant Boult Cummings LLP has announced that it promoted 17 of its attorneys from various practice groups and offices nationally to partner.
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January 10, 2025
Ferguson Braswell Adds 5-Atty Vogt Resnick Team In Calif.
Ferguson Braswell Fraser Kubasta PC has grown its presence in Orange County, California, with the addition of five Vogt Resnick & Sherak LLP attorneys and a new office space.
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January 10, 2025
J&J Talc Claimants Seek Sanctions Over Morelli No-Show
A group of attorneys representing talc claimants in Johnson & Johnson unit Red River Talc's Chapter 11 case has urged a Texas bankruptcy judge to sanction Morelli Law Firm PLLC's founding partner, Benedict Morelli, for allegedly failing to appear in person at a December hearing and falsely claiming to have resolved a dispute with the talc group.
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January 10, 2025
Ex-McKinsey Partner Admits To Obstructing Purdue Probe
A former senior partner at consulting giant McKinsey & Co. pled guilty Friday to obstructing the U.S. Department of Justice's investigation into the firm's work with opioid manufacturer Purdue Pharma LP, a month after McKinsey agreed to pay $650 million to resolve related charges.
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January 09, 2025
Bankruptcy As We Know It Became Law Under Jimmy Carter
It was the late 39th president Jimmy Carter who signed into law the bill that remade the modern bankruptcy system in 1978, two months after and in the very same location as the Camp David Accords between Egypt and Israel that was one of his most celebrated achievements.
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January 09, 2025
J&J Spin-Off Says Talc Committee Can't Hire Brown Rudnick
Johnson & Johnson's bankrupt spin-off called Brown Rudnick's bid to represent an official committee of talc claimants "an ethical violation," telling a Texas bankruptcy judge that the law firm's previous work for a group trying to toss the case clashes with the committee's support for its Chapter 11 plan.
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January 09, 2025
FTX Squabbles With Crypto Startup Over EU Distributions
The estate of bankrupt crypto exchange FTX said it had no involvement with a startup cryptocurrency exchange's announcement that it had purchased FTX EU and would be handling distributions to former customers of the FTX European subsidiary.
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January 09, 2025
Delaware Law Firms Kick Off New Year With Atty Promotions
As the new year gets underway, numerous Delaware law firms recently announced attorney promotions, including Bayard PA, Morris James LLP, Potter Anderson & Corroon LLP and Gordon Fournaris & Mammarella PA.
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January 09, 2025
Morris Nichols Promotes Finance Director To CFO
Delaware firm Morris Nichols Arsht & Tunnell LLP has promoted its director of finance to serve as its chief financial officer to help steer its financial and strategic direction.
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January 08, 2025
Meet The Lawyers Steering Satellite Co. Ligado's Ch. 11
Telecommunications group Ligado Networks filed for bankruptcy earlier this week to trim $7.8 billion from its balance sheet as it wages a legal crusade over roadblocks that have delayed a 5G network project. Guiding Ligado Networks through Chapter 11 are a team of Milbank LLP and Richards Layton & Finger PA attorneys.
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January 08, 2025
Bankrupt Ligado Sues Over $1.7B Cooperation Deal Breach
Satellite communications company Ligado Networks accused a satellite service provider of breaching a $1.7 billion cooperation deal aimed at facilitating Ligado's terrestrial network operations by failing to upgrade its own satellite terminals and deliver portions of its spectrum.
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January 08, 2025
EPA Slams $535M Talc Settlement In Whittaker's Ch. 11
The U.S. 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, saying the deal was built on faulty estimates of the company's environmental liabilities.
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January 08, 2025
Prison Health Co. Wellpath Gets OK For $395M Ch. 11 Sale
A Texas bankruptcy judge has approved a nearly $400 million sale of prison healthcare provider Wellpath's behavioral health division, Recovery Solutions.
Expert Analysis
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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.
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Tips For Handling Single Asset Real Estate Bankruptcy Cases
Excerpt from Practical Guidance
Bankruptcy counsel should consider several strategies when representing either a debtor or lender in single asset real estate debtor Chapter 11 cases, which generally arise when a debtor is forced to file for relief to stop an impending foreclosure sale.
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How Methods Are Evolving In Textualist Interpretations
Textualists at the U.S. Supreme Court are increasingly considering new methods such as corpus linguistics and surveys to evaluate what a statute's text communicates to an ordinary reader, while lower courts even mull large language models like ChatGPT as supplements, says Kevin Tobia at Georgetown Law.
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Why Attorneys Should Consider Community Leadership Roles
Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.
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Ch. 11 Ruling Shows Early Attempt To Tackle Purdue Fallout
A Delaware bankruptcy court’s recent ruling in Parlement Technologies’ Chapter 11 case, which denied a bid by Parler’s former owner to extend its bankruptcy stay to nondebtors, illustrates early efforts to grapple with the U.S. Supreme Court's decision in Purdue Pharma for a recurring bankruptcy issue, say Daniel Lowenthal and Jonah Wacholder at Patterson Belknap.
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9 Liability Management Tips As Debt Maturity Cliff Looms
As the debt maturity cliff swiftly approaches in this challenging environment, attorneys at Winston & Strawn highlight the top considerations for boards of directors and finance professionals to think about when structuring and executing liability management transactions, including reviewing capital structure, evaluating debt covenants, and more.
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Firms Must Offer A Trifecta Of Services In Post-Chevron World
After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.
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How Cos. Can Leverage IP In Corporate Bankruptcy
In light of an increase in year-to-date Chapter 11 filings, businesses must understand the importance and value of intellectual property in corporate bankruptcy and restructuring, from contributing to enterprise value, to providing leverage in negotiations and facilitating recovery, says Gregory Campanella at Ocean Tomo.
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Avoiding Retail Bankruptcy As Economic Uncertainty Persists
Amid record retail bankruptcies and continued economic uncertainty in 2024, retailers can take specific steps like building stronger cash-flow models, managing inventory wisely and reassessing cost structures to avoid financial distress, say consultants at BRG.
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Banking Compliance Takeaways From Joint Agency Statement
Federal bank regulatory agencies’ recent joint statement warning of risks associated with third-party fintech deposit services spotlights a fundamental problem that may arise with bank deposit products that are made through increasingly complex customer relationships, says Tom Witherspoon at Stinson.
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Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.
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Law Firms Should Move From Reactive To Proactive Marketing
Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.