Mid Cap
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May 06, 2024
Crypto Platform's Ex-Brass Charged With $783M Fraud
Three former executives behind bankrupt cryptocurrency investment platform Cred Inc. face wire fraud and money laundering charges after they allegedly lied to customers about the firm's lending and investing practices ahead of a collapse prosecutors say wiped out $783 million in customer crypto.
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May 06, 2024
Icon Aircraft Investors Seek To Halt Proposed Ch. 11 Sale
A group of Icon Aircraft investors seeking to file legal claims against the company's Chinese majority equity holder asked a Delaware bankruptcy judge Monday to halt the company's proposed sale, saying the proposed stalking horse bidder is indirectly controlled by the current majority holder.
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May 06, 2024
Subchapter V Bankruptcies Up 60% In April As Costs Weighed
More small companies filed for Chapter 11 bankruptcy under Subchapter V in April, according to new data, as higher costs for everything from raw materials to loans and insurance continued to hit struggling businesses.
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May 06, 2024
DMK Pharma Lands $3.2M Deal To Sell Drug In Ch. 11
Drugmaker DMK Pharmaceuticals Corp. informed a Delaware bankruptcy judge Monday that the debtor worked out a tentative agreement in its Chapter 11 case to sell an opioid overdose recovery treatment for nearly $3.2 million.
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May 06, 2024
WeWork Advances Plan, J&J's Third Filing, More Jones Drama
WeWork Inc. pushed forward a reorganization plan despite its former CEO's objections, Johnson & Johnson disclosed plans for a prepackaged bankruptcy case supported by a $6.5 billion settlement, and an appeals court upheld more than $400,000 in sanctions as part of bankruptcy proceedings for Georgia-Pacific's asbestos unit.
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May 06, 2024
Cybersecurity Firm Appgate Hits Ch. 11 3 Years After IPO
Technology firm Appgate Inc. and 11 affiliates filed for Chapter 11 bankruptcy in Delaware Monday with a prepackaged plan to wipe all debt from its books, tap new funding and go private roughly three years after its initial public offering backed by $1 billion in investments.
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May 06, 2024
Video AI Startup StoryFile Enters Bankruptcy
StoryFile Inc., an artificial intelligence video company that promoted its product as a way to leave behind interactive videos for your loved ones, has filed for Chapter 11 protection with more than $8 million in debt, saying its expenses had outstripped its ability to raise capital.
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May 06, 2024
Battery Startup Ambri Hits Ch. 11 With Lender Sale Plans
Massachusetts battery developer Ambri Inc. filed for Chapter 11 protection in Delaware with over $50 million in liabilities and a credit bid stalking horse offer from a group of secured noteholders after fundraising efforts last year fell short.
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May 03, 2024
Meet The Attorneys In Teen Retailer Rue21's 'Chapter 33'
A team of attorneys from Willkie Farr & Gallagher LLP and Young Conaway Stargatt & Taylor LLP are representing clothing retailer rue21 in its third trip through Chapter 11 — colloquially called a "Chapter 33" — and its second in seven years.
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May 03, 2024
Keeping Track Of The Catholic Diocese Bankruptcy Cases
New federal legislation that aims to bolster protections for sex abuse victims in bankruptcy has put renewed focus on the more than dozen Catholic dioceses that have turned to Chapter 11 to manage their liability for alleged child abuse crimes.
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May 03, 2024
Creditors Say Giuliani Can't Hire New Appellate Counsel
The unsecured creditors of former New York City Mayor Rudy Giuliani asked a New York bankruptcy judge Friday to deny Giuliani's request to hire a longtime friend as special counsel in the appeal of his $148 million defamation judgment, saying the application "incomprehensibly backtracks" on conditions Giuliani previously agreed to on the retention of his appellate counsel.
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May 03, 2024
Casa Systems Urged To Solve Ch. 11 Cash Use Or Face Ch. 7
A Delaware bankruptcy judge on Friday told Casa Systems Inc. and its secured lenders to make progress on a final cash collateral order, or the telecommunications company would be facing conversion of its Chapter 11 case to a Chapter 7 proceeding.
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May 03, 2024
Rue21 Can Use Lender Cash As It Moves To Shut All Stores
A Delaware bankruptcy judge gave an initial nod Friday to teen apparel company rue21's bid to use its lender cash collateral to fund itself as it works to sell off inventory across 540 stores in the U.S. during its Chapter 11 case.
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May 03, 2024
Biotech Eiger Says Ch. 11 Should Stay In Texas
Rare-disease treatment developer Eiger has urged a Texas bankruptcy judge to keep its Chapter 11 in the Dallas court despite an attempt by the U.S. Trustee's Office to have the case transferred to Delaware or California, asserting that it is a virtual business with its closest physical ties in Texas.
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May 03, 2024
Ohio Atty Gets 3rd Suspension After Not Reporting Conviction
A Cleveland-area attorney trying to get reinstated after neglecting bankruptcy cases was suspended yet again by the Ohio Supreme Court, which said he failed to report a drug conviction to his county bar association for almost eight months.
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May 03, 2024
Acorda Therapeutics Strikes Creditor Deal On Ch. 11 Loan
A New York judge on Friday gave final approval to Acorda Therapeutics' $60 million Chapter 11 financing package after hearing the drug developer and the lenders had resolved objections lodged by unsecured creditors.
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May 02, 2024
Casa Starts Ch. 11 Cable Sale Process With $20M Floor Bid
Bankrupt telecommunications company Casa Systems Inc. received approval Thursday from a Delaware judge to move forward with a Chapter 11 sale process for its cable assets starting with a $20 million stalking horse bid.
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May 02, 2024
A Look Into The Unique Role Of A Subchapter V Trustee
When lawmakers implemented a simplified Chapter 11 path for small-business debtors in 2020, they introduced a new player to the bankruptcy world: the Subchapter V trustee. Law360 caught up with Brian M. Rothschild, shareholder at Parsons Behle & Latimer PC and a Subchapter V trustee in Utah bankruptcy court, to learn more about the newly created role.
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May 02, 2024
Ontario-Based Glass Co.'s Receiver Seeks Ch. 15 Recognition
The Canadian court-appointed receiver for Ontario-based glass facade company Antamex Industries ULC asked the Delaware bankruptcy court for Chapter 15 recognition of the company's liquidation in the United States, saying that unless the Canadian proceedings and the receiver's stewardship is acknowledged, U.S. litigation could hurt creditors' return.
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May 02, 2024
Plastic-Film Maker Announces $200M Recapitalization
Plastic-film maker Transcendia Holdings announced Thursday that it had reached a recapitalization deal that will cut $200 million in debt, provide $114 million in new capital, and hand majority ownership of the company to private equity firm Industrial Opportunity Partners.
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May 02, 2024
Office Snapshot: Lewis Brisbois' Delaware Digs
Since opening its Delaware office at the height of the COVID-19 pandemic in May 2020, Lewis Brisbois Bisgaard & Smith LLP has steadily grown its attorney roster in Wilmington, including some recent hirings.
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May 02, 2024
Skin Care Drug Co. Gets OK For Ch. 11 Wind-Down Plan
A Delaware bankruptcy judge on Thursday said she would approve the unopposed and unanimously approved Chapter 11 wind-down plans of the company previously known as Timber Pharmaceuticals Inc.
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May 02, 2024
Teen Retailer Rue21 Hits Ch. 11 Again With Plans To Sell
Retail fashion company rue21, which made a trip through bankruptcy most recently in 2017, filed for Chapter 11 protection in Delaware court Thursday, disclosing $194.4 million in debt and a plan to sell the business.
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May 01, 2024
Madoff Investor Asks High Court To Overturn Clawback Math
An investor in Bernie Madoff's Ponzi scheme asked the U.S. Supreme Court Wednesday to overturn a Second Circuit decision on how to calculate the amount of investor withdrawals that can be clawed back to the Madoff bankruptcy estate, saying the panel misquoted a prior circuit ruling.
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May 01, 2024
JLM Couture Opposes Ex-Designer's Ch. 7 Conversion Bid
Bankrupt dressmaker JLM Couture urged a Delaware bankruptcy judge to ignore a request from a bridal dress designer feuding with the company to force JLM into a kind of bankruptcy aimed at liquidation, saying that creditors would suffer if JLM's case left Chapter 11.
Expert Analysis
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Co. Directors Must Beware Dangers Of Reverse Factoring
New accounting requirements governing the disclosure of so-called reverse-factoring programs have revealed billions of dollars worth of hidden liabilities on companies’ ledgers, and directors of corporate boards should review their companies’ books for this hidden danger, say Garland Kelley at Looper Goodwine, Amin Al-Sarraf at Locke Lord and Jill Basinger at Discovery Land.
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Attorneys, Law Schools Must Adapt To New Era Of Evidence
Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.
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Why 7th Circ. Libel Ruling Is Crucial For The Media
As more defamation plaintiffs attorneys argue that allowing a published statement to remain online after additional evidence of falsity emerges equates to actual malice, the Seventh Circuit's recent National Police Association v. Gannett opinion should be lauded by the media and online publishers as a favorable decision, say attorneys at Vedder Price.
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Tips For Litigating Against Pro Se Parties In Complex Disputes
Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.
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3 Cases Show Tensions Between Arbitration And Insolvency
The intersection of international arbitration and insolvency may influence the formulation of litigation strategy on a global scale, and several recent cases illustrate the need for counsel to understand how courts are varying in their approaches, say attorneys at Skadden.
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Air Ambulance Ch. 11s Show Dispute Program Must Resume
Air Methods’ recent bankruptcy filing highlights the urgent need to reopen the No Surprises Act’s independent dispute resolution program for air ambulances, whose shutdown benefits insurance companies and hurts providers, says Adam Schramek at Norton Rose.
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Pro Bono Work Is Powerful Self-Help For Attorneys
Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.
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Why Delaware ABCs Are No Longer As Easy As 1-2-3
In light of the Court of Chancery's recent focus on additional disclosures, the assignment for the benefit of creditors process in Delaware may no longer be as efficient as it once was, and companies should be prepared to provide significantly more information leading up to an ABC, say attorneys at Goodwin.
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Diamond Sports Cases Shed Light On Executory Contracts
Recent Texas bankruptcy cases involving telecast fees payable by Diamond Sports to certain Major League Baseball teams provide a window into the dynamic relationship that can develop between debtors and counterparties under some executory contracts, say Joseph Badtke-Berkow and Robin Spigel at Allen & Overy.
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Playing In A Rock Cover Band Makes Me A Better Lawyer
Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.
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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.
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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.