Large Cap
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December 17, 2024
SEC Says Express Didn't Disclose $1M In Ex-CEO Perks
Express Inc. failed to disclose nearly $1 million worth of perks and personal benefits to former CEO Tim Baxter, according to a settlement released Tuesday by the U.S. Securities and Exchange Commission, which declined to levy a civil penalty against the fashion retailer in light of its cooperation and remediation.
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December 17, 2024
Yukos Capital Opposes Stay In $5B Russia Award Suit
The financing arm of Yukos Oil Co. urged a D.C. federal court on Monday not to pause its lawsuit looking to enforce a $5 billion arbitral award against Russia while litigation involving similar issues plays out, saying the Kremlin is needlessly dragging its feet.
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December 17, 2024
Express Inc.'s Post-Sale Ch. 11 Liquidation Plan Approved
A Delaware bankruptcy judge on Tuesday confirmed the Chapter 11 liquidation plan for the estate of clothing retailer Express Inc., after the debtor sold the business this summer for $174 million.
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December 17, 2024
Spirit Airlines Gets OK For Jan. Hearing On Ch. 11 Plan
A New York bankruptcy judge Tuesday set the hearing on Spirit Airlines' Chapter 11 plan for the end of January, overriding arguments by the U.S. Trustee Office that the case doesn't need to move this fast.
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December 17, 2024
Quinn Emanuel Taps 2 London Partners In Global Promotions
Quinn Emanuel Urquhart & Sullivan LLP has named 11 new partners in its latest round of promotions, with two in the British capital.
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December 16, 2024
Judge Kills Infowars Sale, BigLaw Firms Duck Suit
A Texas court blocked an attempt from satirical news outlet The Onion to buy conspiracy theorist Alex Jones' radio show, and a racketeering suit against Jackson Walker LLP and Kirkland & Ellis LLP over allegations they profited from former bankruptcy Judge David R. Jones' romantic relationship with a member of the bankruptcy bar was dismissed.
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December 16, 2024
Incora Moves Toward Confirmation After Opt-Outs OK'd
A Texas bankruptcy judge on Monday approved the opt-out mechanism for third-party releases in the Chapter 11 plan from aircraft parts supplier Incora, overruling an objection from the U.S. Trustee's Office.
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December 16, 2024
Reed Smith, Eletson Battle Over Sanctions In Ch. 11
The current and former owners of reorganized Greek shipping group Eletson Holdings clashed in New York bankruptcy court Monday over sanctions requested against Reed Smith LLP, the Chapter 11 counsel to the previous Eletson, and others in a dispute over implementing its confirmed bankruptcy plan that an attorney compared to the movie "Groundhog Day."
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December 16, 2024
Global Brands Trustee's $296M Ch. 11 Clawback Suit Survives
A $296 million adversary suit brought by a litigation trust created for the benefit of reorganized debtor Global Brands Group's creditors can continue after a New York bankruptcy judge on Monday said the defendants were subject to the personal jurisdiction of his court.
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December 16, 2024
Restaurants Struggled In 2024 As Costs Rose, Visits Fell
Many restaurants have faced challenges this year, grappling with the lingering effects of the COVID-19 pandemic, rising inflation and difficulty passing costs onto increasingly price-sensitive patrons — pressures that are expected to persist into the next year, experts told Law360.
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December 13, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen a group of franchise operators hit Vodafone with a £120 million ($151 million) claim for allegedly imposing commission cuts, green energy tycoon Dale Vince pursue another libel action against the publisher of the Daily Mail, and parcel delivery giant Yodel face a claim by an investor that helped save it from collapse earlier in the year.
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December 13, 2024
Auto Mogul Must Turn Over Note Info In $127M Collection Row
An auto mogul, his living trust and one of his companies must turn over documents related to a $20 million payment on promissory notes as part of marathon litigation related to Alter Domus LLC's attempts to collect on a $127 million judgment, a Michigan federal judge has ruled.
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December 13, 2024
Under The Radar: Bankruptcy News You May Have Missed
An artificial intelligence startup said its former CEO can't put a freeze on her indemnification claims in its bankruptcy while she faces criminal and civil fraud charges. The bankrupt former owner of a talc mine owner said it needs another $9 million in Chapter 11 funding to close its case. And, the Office of the U.S. Trustee said use of opt-out forms to get creditor consent to third-party releases aren't allowed under state law.
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December 13, 2024
Ice Miller Expands To Miami With Greenspoon Marder Hires
Ice Miller LLP announced that it launched a new location in Miami with the addition of three transactional attorneys from Greenspoon Marder LLP, in what the firm said is part of a strategy to grow its presence in South Florida.
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December 13, 2024
US Trustee Wants Spirit To Explain Counsel Bid For Ch. 11
The U.S. Trustee's Office is opposing Spirit Airlines' bid to hire Davis Polk & Wardwell LLP as primary counsel in its Chapter 11 and Morris Nichols Arsht & Tunnell LLP as its conflicts counsel, telling a New York bankruptcy court that the carrier needs to specify what potential conflicts of interest exist.
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December 13, 2024
Ex-Weil Restructuring Atty Returns As Co-Chair
Weil Gotshal & Manges LLP announced Friday the return of a longtime partner who departed the firm last year to lead the debtor-side restructuring practice in the U.S. for Simpson Thacher & Bartlett LLP.
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December 13, 2024
McKinsey To Pay $650M For Work With Opioid Maker Purdue
Consulting giant McKinsey & Co. will pay $650 million to resolve charges related to its work helping Purdue Pharma market and boost sales of OxyContin, federal prosecutors announced Friday.
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December 12, 2024
BakerHostetler Can't Ditch RICO Claims In Bankruptcy Fight
A Texas bankruptcy judge Wednesday trimmed fraud and legal malpractice claims alleging BakerHostetler aided a $100 million insurance fraud scheme, but he refused to throw out civil racketeering claims, finding that the allegations are "well-pleaded," and he must assume, for now, that they're true.
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December 12, 2024
Incora's Opt-Outs Not Like Class Actions, US Trustee Says
The U.S. Trustee's Office on Thursday objected to the third-party releases in the Chapter 11 plan from aircraft parts supplier Incora, arguing in a Texas bankruptcy court that the opt-out mechanism for the releases is not comparable to class action procedures.
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December 12, 2024
Texaco Says La. Suits Blocked By 1988 Ch. 11 Plan
Texaco Inc. and Louisiana state and local officials on Thursday clashed before a New York bankruptcy judge over whether the oil company's decades-old Chapter 11 plan bars the officials from suing Texaco over allegations its drilling operations violated state law.
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December 12, 2024
Brazilian Airline GOL Files Ch. 11 Plan To Cut $2.5B Debt
Low-cost Brazilian airline GOL Linhas has revealed a proposed Chapter 11 plan after reaching a global settlement with creditors, major investor Abra Group Limited and other stakeholders that would extinguish $2.5 billion in debt before its January confirmation hearing.
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December 11, 2024
Q&A With 1MDB Co-Liquidator Angela Barkhouse
Angela Barkhouse, who leads the offshore restructuring business for Kroll, has faced heartbroken creditors and corrupt presidents in her time running financial probes and offshore asset recoveries, including stints as a joint liquidator for 1Malaysia Development Berhad and as an investigator of fraud by a former Maldives president.
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December 11, 2024
US Trustee Wants To Pump Brakes On Spirit Airlines Ch. 11
The Office of the U.S. Trustee has objected to the pace of Spirit Airlines' Chapter 11 case, saying the ultra-low-cost carrier's bankruptcy is too large and complex for the court to allow a rush to a combined confirmation and disclosure statement hearing in February.
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December 11, 2024
NRA Ordered To Reform Policies After NY Misconduct Verdict
A New York judge ordered changes to the National Rifle Association's board structure and organizational policies Wednesday to "prevent future violations of law," following a jury verdict that found widespread financial misconduct and whistleblower retaliation within the gun group.
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December 11, 2024
High Court Bar's Future: Haynes Boone's Daniel Geyser
Daniel L. Geyser of Haynes and Boone LLP is an unconventional U.S. Supreme Court advocate in every respect, from the path he forged to become one of the high court's frequent arguers to the way he runs his current practice from more than half a country away from the nation's capital.
Expert Analysis
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Ch. 11 Case Shows Why Plan Acceptance Procedures Are Key
Sunland Medical's recent liquidation plan proposal is an important example of how top-notch judges and attorneys propose and analyze complex issues during the confirmation process, and the bankruptcy court was forward-thinking to consider the implications of such proposed treatment in the face of the Bankruptcy Code, says Kyle Arendsen at Squire Patton.
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Risks Of Rejecting Hotel Mgmt. Agreements Via Bankruptcy
In recent years, hotel owners have paid a high price when they attempted to use bankruptcy proceedings to prematurely terminate their hotel management agreements, highlighting that other options may be preferable, say attorneys at Jenner & Block.
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NC Rulings Show Bankruptcy Isn't Only For Insolvent Debtors
Two recent rulings from a North Carolina bankruptcy court show that lack of financial distress is not a requirement for bankruptcy protection, particularly in the Fourth Circuit, but these types of cases can still be dismissed for other reasons, say Stuart Gordon and Alexandria Vath at Rivkin Radler.
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What Bankruptcy Deadline Appeal May Mean For Claimants
If the Third Circuit reverses a recent appeal made in In re: Promise Healthcare, litigation claimants within the circuit will not be able to rely on the proof of claim process to preserve the claim — but if the court affirms, the U.S. Supreme Court may need to step in to resolve the circuit split on this issue, say attorneys at DLA Piper.
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Spartan Arbitration Tactics Against Well-Funded Opponents
Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.
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Wesco Ch. 11 Ruling Marks Shift In Uptier Claim Treatment
A Texas bankruptcy court’s recent decision in In re: Wesco Aircraft Holdings leaves nonparticipating creditors with a road map to litigate to judgment non-pro rata liability management transactions, and foreshadows that bankruptcy courts may no longer be a friendly forum for these types of claims, say attorneys at Ropes & Gray.
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Charting The Course For Digital Assets In 2024
Although 2023 was a tough year for the digital asset industry, upcoming court decisions, legislation and regulatory action will bring clarity, allowing the industry to expand and evolve, and the government will decide what innovation it will allow without challenge, says Joshua Smeltzer at Gray Reed.
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Del. Ruling Shows Tension Between 363 Sale And Labor Law
The Delaware federal court's ruling in the Braeburn Alloy Steel case highlights the often overlooked collision between an unstayed order authorizing an asset sale free and clear of successor liability under Section 363 of the Bankruptcy Code and federal labor law imposing successor liability on the buyer, say attorneys at Proskauer.
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How Clients May Use AI To Monitor Attorneys
Excerpt from Practical Guidance
Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.
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Del. Insurance Co. Liquidation Reveals Recovery Strategies
Arrowood's recent liquidation in the Delaware Chancery Court offers a positive development for policyholders and claimants, providing access to guaranty association protections amid the company's demise, say Timothy Law and Ann Kramer at Reed Smith.
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The Pop Culture Docket: Judge D'Emic On Moby Grape
The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.
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Navigating Asset Tracing Challenges In Bankruptcy
A Virginia court’s recent ruling in Health Diagnostic Laboratory Inc.'s bankruptcy highlights the heightened demand for asset tracing and the strategic use of the lowest intermediate balance rule in recovering funds from commingled accounts, says Daniel Lowenthal at Patterson Belknap.
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Lender Agreements And Unitranche Facilities: A Fresh Look
Unitranche facilities — which offer blended interest rates in a single loan document — are gaining prevalence, and lenders and borrowers should understand their advantages, as well as concerns over the enforceability of a unitranche-style agreement among lenders in bankruptcy, say attorneys at Mayer Brown.