Large Cap
-
June 06, 2024
Insurance Litigation Week In Review
The U.S. Supreme Court allowed an insurer to intervene in policyholder bankruptcy proceedings, Liberty Mutual requested that a policyholder-judge be removed from a construction accident coverage dispute, and a Markel unit is attempting to skirt a $77.7 million auto accident judgment. Here, Law360 takes a look at the past week's top insurance news.
-
June 06, 2024
Clothing Chain Express Gets OK For Ch. 11 Loan, Asset Sale
A Delaware bankruptcy judge Thursday approved Express Inc.'s Chapter 11 financing and asset sale procedures, saying the clothing retailer had corrected the evidentiary deficiencies that led her to pump the brakes on its auction plans last week.
-
June 06, 2024
In Reversal, Justices Say Insurer Has Standing In Ch. 11 Case
Truck Insurance Exchange can intervene in Chapter 11 bankruptcy proceedings of two manufacturing companies facing numerous asbestos injury claims, the U.S. Supreme Court ruled unanimously Thursday in a reversal of the Fourth Circuit, finding Truck qualifies as a "party in interest" under the Bankruptcy Code.
-
June 05, 2024
Lenders Ask Court To Put Additional Byju's Units Into Ch. 11
Creditors for the insolvent U.S. affiliate of Indian education technology giant Byju's asked a Delaware bankruptcy judge Wednesday to put three other U.S.-subsidiaries into Chapter 11, alleging their corporate parent has been winding down and sweeping cash from the companies that are guarantors to a $1.2 billion loan.
-
June 05, 2024
Brown Rudnick Partner's 50% Fee Hike Nixed In Ch. 11 Case
A Brown Rudnick LLP bankruptcy partner Wednesday had his 50% fee increase rejected by a Delaware judge, who took issue with the proposed hike to $1,500 an hour for representing the creditors' committee in Kidde-Fenwal Inc.'s Chapter 11 case.
-
June 05, 2024
Madoff Trustee Can't Add $88M To BNP Paribas Clawback Try
The trustee for Bernie Madoff's Ponzi scheme can continue to attempt to claw back funds transferred to French bank BNP Paribas, but an attempt to tack on $88 million in additional transfers to the initial complaint is for the most part a step too far, a New York bankruptcy judge ruled.
-
June 05, 2024
'Creditor-On-Creditor Violence' Gets Big Test In ConvergeOne
Creditor infighting made famous by the bankruptcy case of Serta Simmons Bedding and a "drop down" deal by J. Crew is facing another legal test, as spurned ConvergeOne lenders battle breakaway members of their creditor class at a moment when bankruptcy judges appear split on questions of "creditor-on-creditor violence."
-
June 05, 2024
Davis Polk Guiding Dollar Tree On Potential Family Dollar Sale
Davis Polk & Wardwell LLP is representing Dollar Tree Inc. in a formal strategic review of its Family Dollar business that could lead to a sale, spinoff or other disposition, the Virginia-based retailer revealed Wednesday.
-
June 04, 2024
Judge Frets Nursing Home Co. LaVie $20M DIP Too Low
A Georgia bankruptcy judge on Tuesday gave interim approval to customary first-day motions and a $20 million debtor-in-possession loan for bankrupt nursing home operator LaVie Care Centers LLC.
-
June 04, 2024
Bread Financial Wants Suit Over Spinoff's 'Death Spiral' Axed
Financial services company Bread Financial Holdings Inc. and its CEO have asked an Ohio federal judge to toss a proposed investor class action over the alleged "death spiral" of a now-bankrupt spinoff company, saying the suit actually details Bread's "good faith efforts" to establish the spinoff as a successful independent venture.
-
June 04, 2024
Chilean Telecom Ch. 11 Should Stay In US, Creditors Say
The unsecured creditors of Chilean cellphone network operator WOM asked a Delaware bankruptcy judge to deny certain noteholders' motion to dismiss the company's Chapter 11 case, contending that the U.S. court has jurisdiction and that the present case already benefits creditors.
-
June 04, 2024
J&J Owes $260M To Ore. Talc Mesothelioma Patient, Jury Says
An Oregon state jury has ruled that Johnson & Johnson owes $260 million to a woman who said she developed mesothelioma from breathing in asbestos during daily talcum powder use.
-
June 04, 2024
Meet The Attorneys Guiding Nursing Home Co. LaVie's Ch. 11
A team of attorneys from McDermott Will & Emery LLP is guiding nursing home operator LaVie Care Centers LLC through its Chapter 11 case in Georgia.
-
June 04, 2024
'Miles Guo Stole My Money': NY Jury Hears Of Alleged Fraud
A former supporter of exiled Chinese billionaire Miles Guo testified in Manhattan federal court Tuesday that the purported billionaire conned her into investing more than $100,000 in the media company he founded alongside former Donald Trump adviser Steve Bannon, describing Guo's interrelated business ventures as a "mafia."
-
June 04, 2024
Bally Sports Parent Reaches Multiyear Fubo Carriage Deal
The bankrupt owner of Bally Sports-branded regional sports networks told a Texas judge Tuesday that it has reached a multiyear agreement with fuboTV to continue that company's carriage of the debtor's channels on its streaming platform, adding to its roster of new distribution deals as a hearing on its Chapter 11 plan nears.
-
June 04, 2024
Anderson Kill Adds Leaders For Financial Litigation Team
Anderson Kill PC has found the leaders of its financial litigation and complex disputes practice group in two attorneys from BraunHagey & Borden LLP.
-
June 04, 2024
Widow's 'Elderly' Claim For Atty Fee Can't Stand, Trustees Say
A coal company executive's widow can't demand hundreds of thousands of dollars in attorney fees over a dismissed suit seeking $6.5 billion, United Mine Workers of America pension plan trustees argued, knocking her claim that the trustees are seeking funds from an "elderly woman."
-
June 03, 2024
FTX, IRS Propose Settling $8B Tax Fight For Just $885M
FTX and the Internal Revenue Service have reached a proposed settlement worth roughly $885 million that would resolve the agency's contention that the bankrupt cryptocurrency exchange operator owes $8 billion in taxes, according to a motion filed Monday in Delaware federal bankruptcy court.
-
June 03, 2024
Cruise Co.'s Ch. 11 Confirmation Tripped Up By Surety Debate
A Texas bankruptcy judge on Monday put off confirming the Chapter 11 plan of sightseeing cruise business Hornblower Holdings LLC in order to address the remaining objection against the plan brought by a company backing Hornblower's refunds.
-
June 03, 2024
Hello Judges, Goodbye Refs: 1970s Changes To Bankruptcies
Imagine taking your client's insolvent company to a referee instead of a judge, or not having creditors grill you in a 341 meeting — or not having a creditors committee at all. That was the case before the 1970s ushered in the most sweeping changes to U.S. bankruptcy law and practice in 80 years.
-
June 03, 2024
Sandy Hook Families Seek To Liquidate Alex Jones' Media Co.
Creditors of right-wing conspiracy theorist Alex Jones' media company Free Speech Systems have asked a Texas bankruptcy judge to convert its Chapter 11 to a Chapter 7, saying liquidation is the only realistic route for creditors to get paid as the separate bankruptcies of the InfoWars parent and Jones near their close.
-
June 03, 2024
Yellow Corp. Gets Another 3 Months To Control Ch. 11 Case
Trucking firm Yellow Corp. received a new 90-day extension of the period during which it has the exclusive right to file a Chapter 11 plan, with a Delaware bankruptcy judge ruling Monday the debtor should be given more time to pursue its reorganization goals, which have thus far resulted in the full repayment of its funded debt.
-
June 03, 2024
Judge Says It's Time For DIP Deal For Steward Healthcare
A Texas bankruptcy judge on Monday gave Steward Health Care permission to offer a commitment fee to induce a lender to provide it with the financing to see the hospital chain through its Chapter 11 case, while saying the company needs that final commitment soon.
-
June 03, 2024
WeWork Plan Approval, Crypto Update, Giuliani Creditor Fight
Office space provider WeWork's plan to wipe out $4 billion in debt and end its Chapter 11 case was approved, defunct crypto lending platform Genesis Global Holdco LLC expects to exit bankruptcy in July and the official committee of unsecured creditors in Rudy Giuliani's Chapter 11 has asked a New York bankruptcy judge to hand control of the Republican firebrand's estate to a trustee.
-
June 03, 2024
Rite Aid Says Elixir Buyer On Hook For $225M In Liabilities
Rite Aid alleged the buyer of its prescription benefits subsidiary is trying to dodge $225 million of liabilities that were part of the sale closed in February, and asked a New Jersey bankruptcy judge to find that the stalking-horse bidder agreed to take on the disputed debt as part of their $577 million deal.
Expert Analysis
-
The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'
The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.
-
Balancing Justice And Accountability In Opioid Bankruptcies
As Rite Aid joins other pharmaceutical companies in pursuing bankruptcy following the onslaught of state and federal litigation related to the opioid epidemic, courts and the country will have to reconcile the ideals of economic justice and accountability against the U.S. Constitution’s promise of a fresh start through bankruptcy, says Monique Hayes at DGIM Law.
-
SVB Bankruptcy Case Raises Asset Control Questions
The initial disputes in Silicon Valley Bank's bankruptcy case between the Federal Deposit Insurance Corp. and the debtor over tax refunds and deposits are likely to signal the rekindling of old battles for limited assets last fought during the Great Recession, say Jeffrey Rothleder and Maura McIntyre at Squire Patton.