Large Cap
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January 02, 2025
What Del. Legal Leaders Are Thinking About Heading Into '25
Figuring out how to best use generative artificial intelligence tools in the practice of law, attracting and retaining talent in a competitive legal market, maintaining Delaware's place in the corporate law space, the state of the economy, and the incoming presidential administration are among issues Delaware legal leaders are focused on as 2025 kicks off.
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January 01, 2025
Auto Supply Chain Susceptible To Tariff-Fueled Bankruptcies
Tariffs suggested by President-elect Donald J. Trump would hit an already precariously-positioned North American auto industry particularly hard, forcing price increases or cost-cutting measures to deal with the new trade barriers and leaving parts suppliers to make hard choices to stave off bankruptcy and protect the supply chain, experts say.
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January 01, 2025
Healthcare Restructuring Trends To Watch In 2025
With bankruptcy filings from the likes of hospital operator Steward Health Care, nursing home company Petersen Health and ventilator producer Vyaire Medical, the healthcare industry continued to face major challenges in 2024.
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January 01, 2025
What Lower Rates? Ch. 11s Expected To Stay Sticky In 2025
With the prospect of big interest rate cuts fading, rates may not dip low enough in 2025 to be a panacea for businesses struggling with high levels of debt, consumer frugality and uncertainty under a new administration.
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January 01, 2025
Bankruptcy Issues To Watch In 2025
Bankruptcy professionals are seeing uncertainty in 2025, with a mix of opinions on whether filings will trend up or down, but certainty that there won't be a final word on the claims release questions bankruptcy plans faced in 2024.
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December 23, 2024
McElroy Deutsch Beats Former Exec's Malicious Claim
McElroy Deutsch Mulvaney & Carpenter LLP got a claim for malicious prosecution against it dismissed without prejudice in litigation against its former business development director, who the firm accused of embezzling millions from it.
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December 23, 2024
Party City Reenters Ch. 11 With Plans To Wind Down
Retail chain Party City has returned to bankruptcy with more than $399 million in debt and plans to close its approximately 700 remaining stores and liquidate, saying attempts to improve its bottom line after its 2023 bankruptcy faltered in the face of falling sales.
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December 23, 2024
AI Co. ILearningEngines Hits Ch. 11 With $100M-Plus Debt
Artificial intelligence software company iLearningEngines has filed for Chapter 11 protection in Delaware bankruptcy court with up to $500 million in debt after a recent cyberattack and proposed securities class action added to mounting pressures facing the company.
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December 20, 2024
High Court Bar's Future: Williams & Connolly's Sarah Harris
Sarah M. Harris of Williams & Connolly LLP never planned on being a U.S. Supreme Court advocate, or even an appellate one. She stumbled upon that career path after realizing her initial goal of becoming a national security or government lawyer wasn't the right fit.
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December 20, 2024
Crypto Trading Co. To Pay SEC $123M Over Terraform Claims
The U.S. Securities and Exchange Commission announced Friday that it secured a $123 million settlement with a Jump Trading subsidiary for allegedly misleading investors about the stability of the now-collapsed Terraform ecosystem by effectively propping up the project's flagship token following a trading arrangement made while the token dipped in value.
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December 20, 2024
Real Estate Recap: Stats, Multifamily Tech, Pot Shop Pickle
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including big picture stats for commercial real estate in 2024, how one proptech company is leveraging resident data for multifamily profitability, and a conversation with a BigLaw leader about navigating New York's pot shop crackdown.
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December 20, 2024
SEC Sues Silver Point Over Atty's Receipt Of Nonpublic Info
The U.S. Securities and Exchange Commission sued investment adviser firm Silver Point Capital LP in Connecticut federal court on Friday, alleging that it failed to establish policies to safeguard material nonpublic information, particularly from a now-deceased former BigLaw attorney.
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December 20, 2024
Under The Radar: Bankruptcy News You May Have Missed
Bankrupt cryptocurrency company Celsius Network warned of another phishing attempt, a Brooklyn condo developer's Chapter 11 case was dismissed and a Canadian power services company reached a settlement with the owner of its debt.
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December 20, 2024
EV Battery Co. Northvolt Cleared For Ch. 11 Loan, Cash Use
Bankrupt electric vehicle battery maker Northvolt AB received final approval Friday from a Texas court to enter into a $100 million Chapter 11 loan and to access the cash collateral of its secured lenders after working with unsecured creditors to reach consensus on the financial relief.
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December 20, 2024
Yellow Corp. Layoff Notices Had Too Little Info, Judge Says
A Delaware bankruptcy judge has shot down some of trucking company Yellow Corp.'s defenses against claims it failed to give proper notice of more than 25,000 layoffs just before it entered Chapter 11, saying the notices it sent weren't informative enough.
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December 20, 2024
Chilean Phone Co. WOM Gets OK On $500M Takeover Terms
A Delaware bankruptcy judge on Friday signed off on the framework for Chilean mobile phone operator WOM SA's $500 million restructuring plan, finding the debtor had exercised sound business judgment in selecting the deal to reduce some $650 million in debt.
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December 20, 2024
99 Cents Only Gets OK For Vote On Liquidation Plan
A Delaware bankruptcy judge Friday sent the liquidation plan for discount retailer 99 Cents Only for a creditor vote, finding the provisions for getting creditor consent for third-party claims releases was adequate.
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December 19, 2024
Big Lots To Close All Stores After Ch. 11 Sale Falls Through
Bankrupt discount retail chain Big Lots told a Delaware bankruptcy court Thursday that it will close its 870 remaining stores in the United States and initiate going-out-of-business sales starting Friday, after its $760 million deal for a going-concern sale to California private equity group Nexus Capital Management fell through.
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December 19, 2024
Meet The Attorneys Helping Intrum Through Ch. 11
Swedish loan-servicing company Intrum is attempting to restructure $4.6 billion in debt with a Texas bankruptcy filing, under the guidance of a team of attorneys from Porter Hedges LLP and Milbank LLP.
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December 19, 2024
Restructuring Partner Returns To Willkie From A&O Shearman
A familiar face has returned to Willkie Farr & Gallagher LLP's New York office, the firm announced Thursday, with the addition of a restructuring partner who launched her career with Willkie and now returns from A&O Shearman, bringing a combined 25 years of experience to the new role.
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December 19, 2024
NY Firm Bradford Edwards Opens LA Office
New York-based litigation boutique Bradford Edwards LLP has opened an office in Los Angeles, spearheaded by the hire of a partner who has more than 20 years of experience litigating in California.
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December 19, 2024
The Year In Legal Ethics: AI, Judicial Scandal And More
A number of legal ethics topics dominated the conversation in 2024, including artificial intelligence and the fallout of an undisclosed relationship between a Texas bankruptcy judge and an attorney whose firm appeared before him for years.
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December 19, 2024
Young Conaway Elects 3 New Partners From Its Del. Office
Young Conaway Stargatt & Taylor LLP has announced that two bankruptcy attorneys and a corporate litigator will join its partnership on Jan. 1.
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December 18, 2024
Girardi Gets Sentencing Delayed For Dementia Probe
A Los Angeles federal judge pushed back Tom Girardi's sentencing for his embezzlement conviction on Wednesday, ordering a psychiatric evaluation and special hearing to determine whether the 85-year-old disbarred attorney should be committed to a medical facility instead of prison due to his dementia diagnosis.
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December 18, 2024
High Court Bar's Future: McDermott's Paul Hughes
Paul W. Hughes of McDermott Will & Emery LLP knows U.S. Supreme Court oral arguments are unpredictable — you can end up as the butt of a justice's joke or have the whole bench fully embrace your novel legal theory — so he focuses on what he can control: being overprepared for any version of the court he meets.
Expert Analysis
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2 Options For Sackler Family After High Court Purdue Ruling
After the U.S. Supreme Court recently blocked Purdue Pharma's plan to shield the family that owns the company from bankruptcy lawsuits, the Sacklers face the choice to either continue litigation, or return to the bargaining table for a settlement that doesn't eliminate creditor claims, says Gregory Germain at Syracuse University.
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Revisiting Scalia's 'What's It To You?' After Kaiser Ruling
While the U.S. Supreme Court's recent decision in Truck Insurance Exchange v. Kaiser allows insurers to be considered "parties in interest" in Chapter 11 cases, they still need to show they would face an injury in fact, answering the late Justice Antonin Scalia's "what's it to you?" question, say Brent Weisenberg and Jeff Prol at Lowenstein Sandler.
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Florida Banking Brief: All The Notable Legal Updates In Q2
The second quarter of 2024 brought two notable bills that will affect Florida's banking and finance community across many issues, including virtual currency abandonment, cancellation of financial services on the basis of political opinions, and the exemption amount of motor vehicles, say Joshua Prever and Andrew Balthazor at Holland & Knight.
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How To Clean Up Your Generative AI-Produced Legal Drafts
As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.
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Purdue Ch. 11 Ruling Reinforces Importance Of D&O Coverage
The U.S. Supreme Court's recent decision in Harrington v. Purdue Pharma, holding that a Chapter 11 reorganization cannot discharge claims against a nondebtor without affected claimants' consent, will open new litigation pathways surrounding corporate insolvency and increase the importance of robust directors and officers insurance, says Evan Bolla at Harris St. Laurent.
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Atty Well-Being Efforts Ignore Root Causes Of The Problem
The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.
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Parsing Justices' Toss Of Purdue's Controversial Ch. 11 Plan
The U.S. Supreme Court's recent nixing of OxyContin manufacturer Purdue Pharma's Chapter 11 proposal prevents the Sackler family from settling thousands of civil opioid lawsuits without the consent of all of the plaintiffs, and holds profound implications for bankruptcy cases, say attorneys at MoloLamken.
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No Matter The Purdue Ruling, Mass Tort Reform Is Needed
The U.S. Supreme Court will soon issue its opinion in the bankruptcy of Purdue Pharma LP, and regardless of the outcome, it’s clear legal and policy reforms are needed to address the next mass tort, says William Organek at Baruch College.
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How Associates Can Build A Professional Image
As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.
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Yellow Corp. Lease Assumption Shows Landlord Protections
Yellow Corp.’s recent filing of a motion to assume unexpired leases is a helpful reminder to practitioners to maintain a long-term approach about what is most beneficial for an estate and to not let a debtor's short-term cash position dictate business decisions, says Kyle Arendsen at Squire Patton.
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Insurers Have A Ch. 11 Voice Following High Court Ruling
The U.S. Supreme Court's recent ruling in Truck Insurance Exchange v. Kaiser Gypsum — which reaffirmed a broad definition of "party in interest" — will give insurers, particularly in mass tort Chapter 11 bankruptcies, more opportunity to protect their interests and identify problems with reorganization plans, says George Singer at Holland & Hart.
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Considerations For Cooperation Contracts In Loan Trades
Significant challenges to settling trades can arise when lenders of syndicated bank loans enter into defense-oriented cooperation agreements, which are growing in popularity, but working through these issues on the front end of a trade can save hours down the road, says Robert Waldner at Crowell & Moring.
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Firms Must Rethink How They Train New Lawyers In AI Age
As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.