Large Cap

  • June 14, 2024

    Blistering Dissents Belie Justices' Penchant For Consensus

    Thirteen days into June, the U.S. Supreme Court had recorded one of the highest rates of unanimous decisions in the past four decades. But the era of historic consensus was tarnished a bit Friday when the court issued three split decisions and two scathing dissents highlighting how much the nine justices differ.

  • June 14, 2024

    Forward-Looking Fix Resolves Yearslong Ch. 11 Fee Fight

    The U.S. Supreme Court looked to the future rather than the past when deciding Friday that Congress' bandage to mask the scar from $326 million in alleged U.S. Trustee's Office fee overpayments was enough to fix the issue, bringing into stark contrast the philosophical differences in how the justices remedy constitutional breaches, experts told Law360.

  • June 14, 2024

    Guo's Crypto Venture Raised 'Red Flags,' Investigator Says

    A compliance investigator at cryptocurrency wallet provider BitGo testified in Manhattan federal court Friday that he identified multiple "financial crime red flags" in the digital asset exchange promoted by Chinese dissident Miles Guo.

  • June 14, 2024

    Defense Atty Group Backs Law Firm In Guo Trustee Clawback

    The New York Council of Defense Lawyers has slammed a Chapter 11 trustee's attempt to claw back legal fees from an Empire State law firm that represented three nondebtor entities associated with bankrupt Chinese exile Miles Guo, saying it "burdens the Sixth Amendment" right to counsel.

  • June 14, 2024

    Express Inc. Gets OK For $160M Going-Concern Sale

    A Delaware bankruptcy judge on Friday gave Express Inc. the go-ahead to hand over its clothing retail business as a going concern to the provider of the $160 million stalking-horse bid in its Chapter 11 auction.

  • June 14, 2024

    Goetz Fitzpatrick To Merge With Platzer Swergold Next Year

    Goetz Fitzpatrick LLP and Platzer Swergold Goldberg Katz & Jaslow LLP will combine forces next year to create a single New York City firm.

  • June 14, 2024

    No Retroactive Fix For US Trustee Fee Dispute, Justices Say

    The U.S. Supreme Court sided with the U.S. Trustee's Office on Friday in finding that an amended fee structure implemented before a 2022 ruling that struck down a nonuniform system of payments was all that was needed to resolve the disparate treatment of debtors under the unconstitutional law.

  • June 13, 2024

    Judge Orders $2.9M Chinese Dissident's Fund Share Sale

    A Connecticut bankruptcy judge approved a request by the Chapter 11 trustee overseeing exiled Chinese billionaire Miles Guo's case to liquidate $2.9 million in investment fund shares held by Lamp Capital LLC, a shell company whose assets the judge already determined belonged to Guo's estate.

  • June 13, 2024

    Nevada Copper Inc. Can Mine $20M Of $60M DIP In Ch. 11

    A Nevada bankruptcy judge on Thursday agreed to approve a $20 million draw of debtor-in-possession financing and some customary first-day motions for bankrupt mining company Nevada Copper Inc., clearing the way for it to keep its paused mining project from deteriorating as it moves toward a sale.

  • June 13, 2024

    5 Things To Know About Byju's US Unit's Tumultuous Ch. 11

    The bankruptcy of the U.S. arm of Indian education technology giant Byju's hasn't followed a typical path through Chapter 11 since it was filed in February in Delaware, and instead has featured multiple contempt of court rulings, growing fines, involuntary Chapter 11 petitions and a freezing injunction to preserve the status quo of $533 million that the debtor says went missing.

  • June 13, 2024

    Express Picks Stalking Horse Bidder As Ch. 11 Buyer

    A stalking horse bidder offering $136 million in cash for the assets of clothing retailer Express Inc. will be the buyer in the debtor's competitive sale process, after its offer was deemed to be the only qualified bid to acquire the assets as a going-concern.

  • June 13, 2024

    Steward Health To Mediate Sale Disputes, Tap New $225M DIP

    A Texas bankruptcy judge on Thursday ordered Steward Health Care to engage in mediation with its main landlord and other parties to attempt to resolve disputes over how to allocate proceeds from the sales of Steward's hospitals, shortly after the judge gave initial approval to $225 million in bankruptcy financing the company said it desperately needed.

  • June 13, 2024

    Meet The Team Guiding Ventilator Co. Vyaire Through Ch. 11

    A group of attorneys from Cole Schotz PC and Kirkland & Ellis PC is steering Vyaire Medical Inc., a producer and distributor of medical ventilators, through its Chapter 11 case in Delaware after a reversal of fortunes saw a precipitous drop in revenue for the company in 2023.

  • June 12, 2024

    Baltimore Diocese Fights Insurers' Dismissal Attempt

    The Roman Catholic Diocese of Baltimore defended its adversary action in Maryland bankruptcy court seeking coverage from its insurance carriers, arguing that resolving the issue is crucial to resolving its Chapter 11 bankruptcy proceeding.

  • June 12, 2024

    Meet The Attorneys In Nevada Copper Corp.'s Ch. 11

    A team of lawyers from Torys LLP, Allen Overy Shearman Sterling and McDonald Carano LLP, whose experience encompasses the mining industry, restructuring and corporate law, is helping copper-mining company Nevada Copper Corp. shutter its business and sell assets with Chapter 11 protection.

  • June 12, 2024

    1st Circ. Finds PREPA Bondholders Have $8.5B In Valid Liens

    The First Circuit said Wednesday that bondholders of the Puerto Rico Electric Power Authority have valid liens worth $8.5 billion on the revenue of the utility, reversing a lower court's ruling but leaving it up to the bankruptcy court to determine what effect that has on the restructuring plan.

  • June 12, 2024

    Cancer Claimants Say J&J Talc Unit Ch. 11 Belongs In NJ

    Cancer patients with talc damage claims against Johnson & Johnson are asking a New Jersey federal judge to bar the company's talc liability spinoff from filing its third attempt at a Chapter 11 reorganization outside the state.

  • June 12, 2024

    Terraform To Settle With SEC For $4.5B After Fraud Trial

    Crypto firm Terraform Labs has agreed to a $4.47 billion settlement with the U.S. Securities and Exchange Commission after a Manhattan jury found the firm and its founder Do Kwon liable for fraud in April.

  • June 12, 2024

    Bankrupt Robertshaw Can Pay Execs Up To $3.9M In Bonuses

    Appliance parts maker Robertshaw US Holding Corp. received a Texas bankruptcy judge's approval Wednesday to pay top executives as much as $3.9 million in bonuses if they hit certain performance metrics.

  • June 12, 2024

    Pillsbury Adds Aviation-Focused Bankruptcy Partner In NY

    Pillsbury Winthrop Shaw Pittman LLP has hired a corporate restructuring partner with aviation expertise for its insolvency and restructuring group in New York.

  • June 11, 2024

    Bed Bath & Beyond Investor Defeats 'Short-Swing' Profits Suit

    A New York federal judge on Tuesday threw out Bed Bath & Beyond investors' suit accusing activist investor Ryan Cohen of buying and selling his stock too quickly, finding the claims moot in light of the retailer's Chapter 11 bankruptcy plan.

  • June 11, 2024

    Willkie Farr Hires 11 Ex-Latham Bankruptcy Attys In Germany

    Willkie Farr & Gallagher LLP has snagged three bankruptcy partners and eight more attorneys from Latham & Watkins LLP in Germany as it expands its bench in the country, the firm announced Tuesday.

  • June 11, 2024

    SVB Wants A Trial Over Its $605M Tax Bill From IRS

    The parent company of failed Silicon Valley Bank has told a New York bankruptcy judge it wants him to decide if it owes the Internal Revenue Service more than $605 million in taxes.

  • June 11, 2024

    Ventilator Maker Can Tap $25M DIP In Ch. 11

    Vyaire Medical Inc., a producer and distributor of medical ventilators, received a Delaware bankruptcy judge's approval Tuesday to borrow $25 million in debtor-in-possession financing as it pursues a Chapter 11 sale of its assets.

  • June 11, 2024

    WeWork Announces CEO Switch As It Leaves Ch. 11

    WeWork, fresh from the confirmation of its Chapter 11 restructuring plan, said Tuesday it will be led by John Santora, who will take over as CEO as the company leaves bankruptcy behind.

Expert Analysis

  • The Case For Post-Bar Clerk Training Programs At Law Firms

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    In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.

  • 5 Key Tips For Attorneys In The Subchapter V Arena

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    Subchapter V cases present unique challenges for the nondebtor parties-in-interest, and habits developed by attorneys in typical Chapter 11 cases do not necessarily translate, meaning creditors and their counsel should quickly take a proactive role in their cases to protect their interests, which can be done by attending the 341 meeting, analyzing the plan, and more, says Kelly Singer at Squire Patton.

  • Attorneys Have An Ethical Duty To Protect The Judiciary

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    The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.

  • Why The Debt Maturity Wall Is Still A Figment, For Now

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    While the phenomenon of the debt maturity wall — a growing wall of staggered corporate debt maturities — has been considered a looming problem since the aftermath of the 2008 global financial crisis, it’s unlikely to have significant consequences before 2025 due to factors such as quantitative easing and evolved lending practices, says Michael Eisenband at FTI Consulting.

  • AI Can Help Lawyers Overcome The Programming Barrier

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    Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.

  • 10 Essential Bankruptcy Litigation Tips For In-House Counsel

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    Bankruptcy litigation is a complex and multifaceted area of law that poses unique challenges for in-house counsel, and there are several tools at legal professionals' disposal, like appraisals and understanding jurisdictions, to stay well-informed and protect their companies' interests, says Alison Ashmore at Dykema.

  • Preparing Law Students For A New, AI-Assisted Legal World

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    As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.

  • Sellers Seeking Best Deal Should Focus On Terms And Price

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    Rising interest rates and a decline in the automotive mergers and acquisitions market mean that a failed deal carries greater stakes, and sellers therefore should pursue not only the optimum price but also the optimum terms to safeguard their agreement, says Joseph Aboyoun at Fox Rothschild.

  • General Counsel Need Data Literacy To Keep Up With AI

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    With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.

  • Rite Aid's Reasons For Ch. 11 Go Beyond Opioid Suits

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    Despite opioid-related lawsuits being the perceived reason that pushed Rite Aid into bankruptcy, the company's recent Chapter 11 filing reveals its tenuous position in the pharmaceutical retail market, and only time will tell whether bankruptcy will right-size the company, says Daniel Gielchinsky at DGIM Law.

  • Navigating Discovery Of Generative AI Information

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    As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.

  • Finding Focus: Strategies For Attorneys With ADHD

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    Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.

  • A Look At DOJ's New Nationwide Investment Fraud Approach

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    Investment fraud charges are increasingly being brought in unlikely venues across the country, and the rationale behind the U.S. Department of Justice's approach could well be the heightened legal standards in connection with prosecuting investment fraud, says Jonathan Porter at Husch Blackwell.

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