Mid Cap
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December 12, 2024
Pregnancy Tech Co. Nuvo Gets OK To Sell To Kips Bay Unit
A Delaware bankruptcy judge approved the asset sale of Nuvo Group USA Inc., the maker of a remote pregnancy monitoring band, to an acquisition company funded by asset management firm Kips Bay Select LP, despite objections from a noteholder challenging the $7.7 million credit bid structure of the sale.
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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
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.
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December 11, 2024
Embattled Texas Law Firm Heading To Mediation In Ch. 11
Troubled Houston law firm MMA Law said it will engage in mediation with litigation funders Equal Access Justice Fund LP and creditors to try to sort out issues pertaining to the firm's bankruptcy plan and other matters, days after Equal Access escaped a class action involving MMA Law.
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December 11, 2024
DA Says Allegheny County Pension System Risks Insolvency
The Allegheny County employee retirement coffers could run out of money within 15 years, the Pennsylvania jurisdiction's top prosecutor warned in a lawsuit seeking to make the county and the retirement board fix the allegedly floundering system.
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December 11, 2024
Blank Rome Partner Promotions Hold Steady At 12
Blank Rome LLP scored a three-peat with its recent attorney promotions after announcing this week it will elevate 12 attorneys to partner for the third year in a row when the new year starts.
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December 18, 2024
K&L Gates Hires Restructuring Pro From Katten In London
K&L Gates LLP has hired a restructuring specialist from Katten Muchin Rosenman LLP to boost its legal services to clients ranging from corporate trustees to private credit funds and financial institutions.
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December 10, 2024
Texas Judge Says Infowars Sale Flawed, Rejects Onion Bid
A Texas bankruptcy judge Tuesday denied a request by the trustee of the Alex Jones estate to sell the conspiracy theorist's Infowars website to satirical news outlet The Onion, saying a muddled auction process failed to generate enough value for creditors.
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December 10, 2024
Paul Hastings Says Biz Waived Privilege On Malpractice Docs
Paul Hastings LLP has called on a Los Angeles County Superior Court judge to force GenapSys Inc., known as Redwood Liquidating Co. since its bankruptcy, to turn over documents that it had inadvertently produced in a legal malpractice suit alleging that the law firm improperly drafted board documents that led to the "demise and liquidation" of the genetic-sequencing company.
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December 10, 2024
UpHealth Says Glocal Execs Stalling On $115M Award Suit
Digital health services company UpHealth has asked an Illinois federal judge to favor its efforts to pin down assets belonging to executives of Indian healthcare firm Glocal as it looks to enforce a $115 million arbitral award, saying the respondents are engaging in "obstructionist" conduct.
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December 10, 2024
US Trustee Seeks Oversight Of Hospital Chain's Ch. 11
The U.S. Trustee's Office has argued that bankrupt hospital operator CarePoint Health should be taken over by a Chapter 11 trustee, or it should be liquidated, due to gross mismanagement, including failing to remit more than $20 million withheld from employees' paychecks this year and concerns about a prepetition deal to sell one of its three hospitals.
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December 10, 2024
BigLaw Firms Freed From Bankruptcy Judge Romance Suit
Kirkland & Ellis LLP and Jackson Walker LLP have officially escaped an investor's racketeering lawsuit alleging a conspiracy involving a former Texas bankruptcy judge and his secret romance with a former Jackson Walker partner.
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December 10, 2024
Catching Up With New Bankruptcy Case Action
KAL Freight Inc. filed for Chapter 11 due to declining demand after a COVID-19-related expansion. Vobev LLC entered bankruptcy citing COVID-19-linked delays in launching its Salt Lake City plant. Connecticut real estate firms filed in that state with between $50 million and $100 million in liabilities, while a Minnesota apartment complex filed in New York. Brazilian cement supplier InterCement Brasil SA filed a new Chapter 15 case in New York, adding entities excluded from its July filing.
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December 10, 2024
Insurer QBE Settles Suit Over Failed $18M Wind Support Deal
Belgium-based insurer QBE Europe has settled a lawsuit accusing it of wasting available policy limits on pointless litigation rather than make a reasonable offer in a separate $18 million dispute over a failed wind support vessel deal, according to a Tuesday filing.
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December 10, 2024
Utah Beverage Canning Co. Seeks Sale In Ch. 11
A company that makes and fills beverage cans has filed for Chapter 11 protection in Utah bankruptcy court with $476 million in debt, saying COVID-19 caused delays in the opening of its Salt Lake City facility that left it with too little liquidity to continue.
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December 09, 2024
Pro Se Giuliani Says 4 Attys Turned Him Down, Blames Judge
Rudy Giuliani on Monday secured extra time to fight Georgia poll workers' request that he be held in civil contempt, time Giuliani argued he needed because he's struggling to find an attorney to represent him in the case thanks to a D.C. federal judge being "biased about Trump-related matters."
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December 09, 2024
Jones Says Waiver Gave Onion Unfair Edge In Infowars Auction
Lawyers for Alex Jones on Monday stepped up their criticism of satirical news outlet The Onion's bid to buy the conspiracy theorist's Infowars website, urging a Texas bankruptcy judge to block the deal and hand Infowars to a company operating a supplements website instead.
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December 09, 2024
NY Diocese Plan Confirmed, Bankruptcy Bills Reintroduced
A diocese covering 132 Roman Catholic parishes on New York's Long Island has secured confirmation of its Chapter 11 plan in a case it started four years ago. An Oregon federal judge has ruled that memos tied to an ethics scandal in the Southern District of Texas' bankruptcy court aren't shielded by attorney-client privilege. And members of the U.S. Senate have renewed legislation to ban the controversial "Texas two-step" bankruptcy maneuver and add protections for rank-and-file workers impacted by corporate insolvencies.
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December 09, 2024
5th Circ. Revives Yemeni Man's Bid To Recover Atty Payment
The Fifth Circuit on Monday revived a Yemeni man's bid to recover over $800,000 from his former attorney, saying a bankruptcy court didn't fully flesh out whether equitable tolling was warranted if the attorney secretly transferred the money elsewhere.
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December 09, 2024
Cooley Attys Sued For Malpractice In Tech Co. Ch. 7
A trustee overseeing a software provider's Chapter 7 liquidation has accused a legal team from Cooley LLP of helping the company's CEO deceive investors and embezzle money while serving as its corporate counsel.
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December 09, 2024
Judge Grossman Reflects On 20 Years On Bankruptcy Bench
After nearly 20 years on the bench in the Eastern District of New York, U.S. Bankruptcy Judge Robert E. Grossman will retire next June.
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December 09, 2024
Famous Steakhouse Chain's Ex-GC Gets Go-Ahead For Bias Suit
The ex-general counsel of iconic steakhouse chain The Palm Restaurant can move ahead with a discrimination lawsuit claiming she was ousted after a 2020 bankruptcy sale, a New York federal court ruled Monday.
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December 09, 2024
Litigation Funding Firms Escape Hurricane Ad Suit
Two litigation funders have succeeded in exiting a proposed class action alleging a law firm deceptively advertised to hurricane victims, with a Houston federal court adopting a magistrate judge's recommendation to toss claims for a lack of plausible allegations.
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December 06, 2024
Under The Radar: Bankruptcy News You May Have Missed
A Texas oil and gas driller is seeking permission to sell its oilfields, while the U.S. Trustee's Office is looking to shut another oil producer's yearslong Chapter 11 down, and creditors of a bankrupt medical implant maker are alleging the debtor's bankruptcy financing and sale plans are a way for its private equity sponsor to weasel out of product liability claims.
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December 06, 2024
Ga. Poll Workers Want 'Severe' Sanctions Against Giuliani
The two former Georgia election workers who won a $148 million defamation verdict against Rudy Giuliani have asked a federal judge to hold the former Donald Trump attorney in civil contempt and impose "severe" sanctions for his "willful flouting" and "blatant disregard" of court orders.
Expert Analysis
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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.
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Navigating The Bankruptcy Terrain After Purdue Pharma
The U.S. Supreme Court’s June ruling in Harrington v. Purdue Pharma is having a significant impact on bankruptcies, with recent cases addressing nonconsensual third-party releases and opt-out mechanisms, and highlighting strategies practitioners can employ to avoid running afoul of the decision, say Brett Axelrod and Agostino Zammiello at Fox Rothschild.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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How 9th Circ. Ruling Expands Bankruptcy Trustees' Powers
The Ninth Circuit recently held in The Lovering Tubbs Trust v. Hoffman that a trustee can avoid intentionally fraudulent transfers, even if no creditor suffered harm as a result, materially strengthening bankruptcy trustees' powers, say Robert Klyman and Rod Kazempour at DLA Piper.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.
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8 Childhood Lessons That Can Help You Be A Better Attorney
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.
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Playing Diplomacy Makes Us Better Lawyers
Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.
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Mental Health First Aid: A Brief Primer For Attorneys
Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.
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AI May Limit Key Learning Opportunities For Young Attorneys
The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.
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Considering Possible PR Risks Of Certain Legal Tactics
Disney and American Airlines recently abandoned certain litigation tactics in two lawsuits after fierce public backlash, illustrating why corporate counsel should consider the reputational implications of any legal strategy and partner with their communications teams to preempt public relations concerns, says Chris Gidez at G7 Reputation Advisory.
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It's No Longer Enough For Firms To Be Trusted Advisers
Amid fierce competition for business, the transactional “trusted adviser” paradigm from which most firms operate is no longer sufficient — they should instead aim to become trusted partners with their most valuable clients, says Stuart Maister at Strategic Narrative.