Mid Cap
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January 29, 2025
Lowenstein Sandler Hit With Malpractice Suit From Dispensary
A cannabis dispensary facing a lawsuit from Lowenstein Sandler LLP for unpaid legal fees has fired back with a malpractice suit against the firm, alleging its attorneys helped the dispensary's former CEO in an attempted hostile takeover of the company.
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January 29, 2025
Katten Real Estate Leaders Suggest Prenegotiated Bankruptcy
Bankruptcy protection is usually a last resort for commercial real estate borrowers. But for a large distressed asset in a high-tax district, a prepackaged bankruptcy is a no-brainer, according to Katten partners Scott M. Vetri and Timothy G. Little. Here's how it would work.
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January 29, 2025
Milbank Adds Ex-Skadden Financial Restructuring Pro In NY
Milbank LLP has added a corporate restructuring attorney previously with Skadden Arps Slate Meagher & Flom LLP as a partner in its New York office, the firm has announced.
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January 29, 2025
Reed Smith Fee App Held For Eletson Probe
A New York bankruptcy judge Wednesday agreed to delay a hearing on Reed Smith's fees in the Eletson Holdings bankruptcy case while the reorganized debtor probes Reed Smith's alleged past ties with Eletson executives.
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January 29, 2025
Packaging Co. Plastic Suppliers Gets Initial OK For $16M Sale
A New Jersey bankruptcy judge on Wednesday conditionally approved packaging company Plastic Suppliers Inc.'s bid to sell its business for $16.4 million, saying a competitive auction proved the deal process had been conducted fairly.
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January 28, 2025
Jury Clears LED Distributor Of Korean Co.'s Fraud Claims
A California federal jury returned a verdict Tuesday clearing the head of a now-defunct LED screen distribution company of allegations that he lied to his Korean manufacturing partner about efforts to repay millions of dollars worth of mounting debts.
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January 28, 2025
Dubai Co. Begins Condo Project At Surfside Collapse Site
Dubai-based developer DAMAC International said Tuesday it plans to build its first U.S. real estate project in the town of Surfside, Florida, at the site where the 12-story Champlain Towers South condominium collapsed in June 2021, resulting in the deaths of 98 people.
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January 28, 2025
Solar Biotech Gets OK For Failed Bidder Breakup Fee
A Delaware bankruptcy judge on Tuesday gave biotechnology firm Solar Biotech permission to pay a $456,000 breakup fee to the unsuccessful bidder in its Chapter 11 auction, saying the baseline offer provided a benefit to the estate.
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January 28, 2025
Catching Up With New Bankruptcy Case Action
New York-based lithium-ion battery maker iM3NY filed for bankruptcy in Delaware, saying it was burdened by $136 million in debt after failing to secure funding for its production plant. Books Inc., a 174-year-old independent bookstore operator in the San Francisco Bay Area, is seeking Chapter 11 protection with $5.2 million in liabilities, and has blamed pandemic-related declines in in-store shopping for its financial woes.
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January 28, 2025
Corsa Coal Sale Date, Use Of Morgan Stanley Account OK'd
Bankrupt coal miner Corsa Coal Corp. won court approval on Tuesday to extend its asset sale process by two weeks, after assuring the court its debtor-in-possession financing will last long enough to fund the Chapter 11 case until a transaction can close in March.
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January 28, 2025
Healthcare Ch. 11s Stay High Amid Costs Surge, Labor Woes
Healthcare sector bankruptcy filings reached their second-highest level in six years in 2024, with 57 companies seeking Chapter 11 protection as rising costs and sluggish reimbursement rates continued to ripple through the industry, according to a new report by restructuring advisory firm Gibbins Advisors.
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January 28, 2025
Creditors Can Join Nostrum Sale Talks, Ch. 11 Judge Rules
A bankruptcy judge on Tuesday approved a bid from the official committee of unsecured creditors in drugmaker Nostrum Laboratories Inc.'s Chapter 11 case to help investment bank Raymond James find a buyer for the debtor's assets.
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January 28, 2025
Bankruptcy Group Of The Year: Brown Rudnick
Brown Rudnick LLP's bankruptcy group helped secure a full recovery for BlockFi customers and persuaded a New Jersey bankruptcy judge to grant Chapter 15 recognition to a decentralized autonomous organization for the first time ever, earning it a spot among the 2024 Law360 Bankruptcy Groups of the Year.
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January 28, 2025
NY Battery Startup Hits Ch. 11 With $136M Debt, Sale Plans
Electric vehicle and renewable energy storage lithium-ion battery maker iM3NY filed for bankruptcy protection in Delaware, reporting around $136 million in debt after it wasn't able to drum up new funding for a battery production plant in New York.
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January 27, 2025
Purdue Nears Ch. 11 Deal, Yellow Corp. Fends Off WARN Suit
From a looming settlement in the Purdue bankruptcy to a pair of retailers overcoming objections to their Chapter 11 plans, here are some of the biggest bankruptcy news from the past week.
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January 27, 2025
Investor Accuses 'Chicken Soup' Parent Of Mismanagement
A corporate investor in Chicken Soup for the Soul Holdings LLC has accused the publishing company, which has released popular self-help books for decades, of mismanagement leading up to a subsidiary's Chapter 7 liquidation, saying the company didn't provide proper financial information requested by the investor.
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January 27, 2025
Kal Freight Lenders Want Ch. 11 Examiner For Fraud Claims
Creditors of California-based trucking company Kal Freight Inc. asked a Texas bankruptcy judge to appoint an independent examiner to investigate allegations of prepetition fraud and mismanagement made against the company and its owner.
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January 27, 2025
California's Oldest Indy Bookstore Gets Ch. 11 Lifeline
A California bankruptcy judge on Monday gave the Golden State's oldest independent bookstore chain, Books Inc., approval on a raft of first-day motions to ease its navigation through a Chapter 11 case the company launched to address burdensome rent and lower profits in the wake of the COVID-19 pandemic.
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January 27, 2025
174-Year-Old Bookstore Says Its Story Won't End On Ch. 11
Changes in customer buying patterns following the COVID-19 pandemic have led Books Inc., the Bay Area's oldest independent bookstore operator, to enter Chapter 11 with plans to close its Berkeley location early next month while continuing to operate 10 other shops in and around San Francisco.
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January 24, 2025
Under The Radar: Bankruptcy News You May Have Missed
The daughter of bankrupt Chinese exile Miles Guo is fighting a contempt bid brought by the Chapter 11 trustee of her father's estate. Brazilian airline Gol Linhas and Spirit Airlines are seeking to implement third-party releases in their respective Chapter 11 plans. And bankrupt financial technology company Synapse appears to be the subject of a grand jury investigation.
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January 24, 2025
Justices Urged To Review Souvenir Store's TM Fraud Case
A Florida souvenir store chain has asked the U.S. Supreme Court to consider its challenge to a Second Circuit decision foreclosing its arguments that a bankrupt beachwear company fraudulently procured a trademark registration to secure a $3.5 million settlement in yearslong litigation between the competitors.
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January 24, 2025
Opt-Out Releases Approved In Container Store Ch. 11 Plan
A Texas bankruptcy judge on Friday approved a prepackaged Chapter 11 plan for The Container Store that includes opt-out releases in favor of nondebtors, saying the provisions don't run afoul of the Supreme Court's recent Purdue ruling or of Fifth Circuit precedent.
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January 24, 2025
9th Circ. Renews Billing Co.'s Suit Against Texas Data Firm
A Ninth Circuit panel on Friday partly revived a Washington billing services company's lawsuit over a soured business deal with bankrupt Addison Data Services, finding a bankruptcy settlement agreement and the statute of limitations can't keep the plaintiff from pursuing its breach of fiduciary duty claims.
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January 24, 2025
Mass Tort Atty Files Ch. 11 Owing $202M To Litigation Funders
A Houston plaintiffs attorney has filed for personal Chapter 11 protection with more than $202 million of litigation funding liabilities, according to his petition in the Southern District of Texas.
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January 24, 2025
Grier Wright Tapped For Insurance Mogul's $2B Liquidation
Bankruptcy attorney Joseph Grier of Grier Wright Martinez PA will serve as special master to identify, receive, track and distribute billions of dollars that will go toward restitution to victims defrauded by convicted insurance mogul Greg Lindberg, a North Carolina federal judge ruled.
Expert Analysis
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
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.
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The Bar Needs More Clarity On The Discovery Objection Rule
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.
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So You Want To Move Your Law Practice To Canada, Eh?
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.
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A Strategic Checklist For Bankruptcy Motion Objections
Excerpt from Practical Guidance
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.
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The 3rd-Party Bankruptcy Release Landscape After Purdue
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.
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Striking A Balance Between AI Use And Attorney Well-Being
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.
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Being An Artist Makes Me A Better Lawyer
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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Bankruptcy Decision Exemplifies Venue Issue For Franchisees
A California bankruptcy court's decision earlier this month in Pinnacle Foods and a lingering circuit split on assumption of executory franchise contracts highlights the issue of whether franchisee debtors can qualify for case venue in friendlier circuits, says David Gamble at Parkins Rubio.
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Lawyers With Disabilities Are Seeking Equity, Not Pity
Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.
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Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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What Being An 'Insider' Means In Ch. 11, And Why It Matters
As borrowers grapple with approaching near-term maturities on corporate debt, lenders should be proactive in mitigating the risks of being classified as an insider in potential bankruptcies, including heightened scrutiny, preference risk, plan voting and more, say David Hillman and Steve Ma at Proskauer.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.