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Bankruptcy

  • August 16, 2018

    Equitable Mootness Applies In Ch. 9 Cases, 11th Circ. Says

    The Eleventh Circuit handed a group of Jefferson County, Alabama, sewer ratepayers a loss Thursday when it ruled that equitable mootness applies to Chapter 9 bankruptcy and extinguished their appeal of a bankruptcy confirmation plan for the county.

  • August 16, 2018

    Boeing Must Face Bankrupt Aircraft Co.'s $100M Suit

    An Alabama federal judge has denied Alabama Aircraft Industries a quick win in its $100 million suit alleging Boeing put it out of business by pushing it out of a $1.2 billion U.S. Air Force contract, but also refused to clear the aerospace giant of the accusation, saying a jury will have to weigh the facts. 

  • August 16, 2018

    Georgia-Pacific Affiliate’s Ch. 11 Slammed As ‘Sham’

    Georgia-Pacific affiliate Bestwall LLC’s bankruptcy is a “sham” and a “farce” designed to wall off its parent company from exposure to asbestos claims, a committee of asbestos claimants said Wednesday in seeking to get the case dismissed.

  • August 16, 2018

    Applebee's Franchisee Gets Bank's Cash To Prep Ch. 11 Goals

    Bankrupt Applebee's restaurant franchisee RMH Franchise Holdings Inc. on Thursday told a Delaware bankruptcy court that it had struck a deal for continued access to its lender's cash, saying it will begin formulating bidding and sale procedures as well as a potential Chapter 11 reorganization plan.

  • August 16, 2018

    Old Guidelines Warrant New Sentence For Fraudster: 1st Circ.

    The First Circuit threw out an 11-year prison term Wednesday for a Puerto Rican man convicted on 29 counts of fraud and other charges for posing as a bankruptcy lawyer to help parents get out of jail for missing child support payments, ruling that the sentence had been calculated under outdated guidelines.

  • August 16, 2018

    Relativity Can Sell $40M Assets And Netflix Deal To UltraV

    A New York bankruptcy judge Thursday gave film studio Relativity Media LLC permission to sell its assets — including a long-contested Netflix distribution deal — to UltraV Holdings LLC for $40 million.

  • August 16, 2018

    A Chat With Ogletree Knowledge Chief Patrick DiDomenico

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Patrick DiDomenico, chief knowledge officer at Ogletree Deakins Nash Smoak & Stewart PC.

  • August 15, 2018

    Bear Stearns Bankruptcy Suit Win Upheld By District Court

    A bankruptcy court finding that Bear Stearns & Co. Inc. acted in good faith when it repurchased securities from former debtor HomeBanc Mortgage Corp. in 2007 was upheld Tuesday when a Delaware federal judge said the lower court did not misapply the law or make errors of fact.

  • August 15, 2018

    US Trustee Backs Ex-CEO's Bid To Convert Level Solar Ch. 11

    The ousted former CEO of Level Solar Inc.’s long-simmering bid to convert the defunct residential solar company’s Chapter 11 bankruptcy to a Chapter 7 liquidation began heating up again on Wednesday, as the federal bankruptcy watchdog echoed his concerns while a creditor objected to them.

  • August 15, 2018

    Cambridge Analytica Trustee Fights Facebook Users' Doc Bids

    The New York bankruptcy trustee for scandal-plagued Cambridge Analytica fought back against requests for documents made by Facebook users suing over the company’s alleged misuse of their personal data, calling the requests too vague and knocking them as a “backdoor effort” to circumvent the discovery process in their own suit.

  • August 15, 2018

    Suniva Can Move Forward With Creditor Equipment Eviction

    Bankrupt solar cell maker Suniva Inc. can begin eviction proceedings against its largest unsecured creditor after a Delaware judge denied the creditor's bid Wednesday for a temporary restraining order that would have allowed its production equipment to remain in the debtor's Georgia facility.

  • August 15, 2018

    American Realty Investors Still Face $63M Judgment

    Jilted creditors seeking to collect on a $63 million judgment against an American Realty Investors Inc. affiliate received a mixed-bag ruling on Tuesday, as a Texas federal judge tossed some of their fraudulent transfer and alter ego claims but kept others intact ahead of a likely trial.

  • August 15, 2018

    Ex-Union Leader Guilty Of Taking Bribe From Hedge Fund

    A Manhattan jury convicted Norman Seabrook of bribery Wednesday, finding the once-powerful head of the Correction Officers' Benevolent Association favored now-bankrupt hedge fund Platinum Partners with $20 million of union capital in exchange for a man-purse stuffed with $60,000 in cash.

  • August 14, 2018

    How One Firm Moved The Needle On Disability Inclusion

    This global law firm has recently focused on creating opportunities for people with disabilities across its ranks, and its efforts are already showing results.

  • August 14, 2018

    Woodbridge Says Creditor Claims Aren't Backed By Liens

    Bankrupt real estate venture Woodbridge Group of Cos. LLC on Tuesday told a Delaware bankruptcy court that an adversary complaint lodged by noteholders in its Chapter 11 case should be tossed because the noteholders don't have any liens on the property at the center of the dispute.

  • August 14, 2018

    Appvion's Ch. 11 Liquidation Plan Gets Approval In Del.

    The liquidating plan of bankrupt specialty paper maker Appvion Inc. won court approval Tuesday in Delaware after receiving overwhelming support from creditors impacted by the plan.

  • August 14, 2018

    Harvey Weinstein Must Face Actress' Sex Trafficking Claims

    A federal judge in Manhattan ruled Tuesday that an actress' sex trafficking suit against producer Harvey Weinstein can move forward, saying her allegations that Weinstein promised her a role and other opportunities so he could force her to perform sex acts are strong enough to advance.

  • August 14, 2018

    Momentive, Noteholders Gear Up For Interest Revision Trial

    Silicone maker Momentive Performance Materials Inc. and two investor group trustees filed legal briefs Monday ahead of a New York bankruptcy court trial over the proper interest rate that should attach to the company's Chapter 11 plan cramdown notes, a matter remanded by the Second Circuit last year.

  • August 14, 2018

    W.R. Grace Insurers May Be Directly Liable For Asbestos

    The Third Circuit on Tuesday partially revived the claims of victims of asbestos-related ailments against the insurers of bankrupt mining company W.R. Grace & Co., saying the insurers may bear direct liability for the asbestos exposure.

  • August 14, 2018

    Woodbridge Noteholder Group Slams Del. Ch. 11 Disclosures

    A group of Woodbridge Group noteholders on Monday urged the Delaware bankruptcy court to reject Woodbridge's Chapter 11 plan disclosures, saying they don't take into account the potentially tens of millions in secured and administrative claims the noteholders say they hold.

Expert Analysis

  • How FIRRMA Will Change National Security Reviews: Part 1

    Jeffrey Bialos

    The Foreign Investment Risk Review Modernization Act empowers the U.S. government to review a far broader group of transactions than ever before to determine if they threaten national security. FIRRMA's expansive new coverage includes oversight of real estate investments and transfers of "emerging and foundational technologies," say Jeffrey Bialos and Mark Herlach of Eversheds Sutherland LLP.

  • Interview Essentials For Attorneys On The Move

    Eileen Decker

    Across the country this fall, recent law school graduates, law firm associates and experienced professionals will interview for positions in private practice and government service. Sharing tips on how to stand out in this high-pressure, hypercompetitive process are Eileen Decker, former U.S. attorney for the Central District of California, and Keith Jacoby, co-chairman of Littler Mendelson PC’s class action practice group.

  • Roundup

    Clerking For Ginsburg

    Clerking For Ginsburg

    Justice Ruth Bader Ginsburg joined the U.S. Supreme Court 25 years ago and is not planning to retire anytime soon — she has hired clerks through 2020. What's it like to assist Justice Ginsburg? In this series, former clerks reflect on the experience.

  • Federal Law Both Sword And Shield In Cannabis Litigation

    Matthew Pierce

    While federal law prohibits the use of marijuana under any circumstances, the cannabis industry continues growing rapidly as more U.S. states legalize its use. The conflicting legal regimes have led to surprising, sometimes counterintuitive results in litigation and bankruptcy cases, says Matthew Pierce of Landis Rath & Cobb LLP.

  • Series

    Clerking For Ginsburg: 3 Surprises

    David Post

    It had never occurred to me that judges don’t always love the way their appellate cousins review their work and tell them — in public — all the things they got wrong. I was frequently struck by Justice Ruth Bader Ginsburg’s acute awareness of the delicacy of this relationship, says attorney David Post.

  • Series

    Clerking For Ginsburg: A Superhero Supreme

    Burden Walker

    As a clerk for Justice Ruth Bader Ginsburg, my job was to mirror my boss’ views and values in everything I did. Years later, I find that I am still striving to live up to the values Justice Ginsburg instilled in me, as both a lawyer and a spouse, says Burden Walker, an assistant U.S. attorney for the District of Maryland.

  • When Antitrust Conspiracy Cases Merit Summary Judgment

    George Gordon

    The Second Circuit's recent ruling in Anderson News v. American Media clarifies the application of summary judgment standards in antitrust conspiracy cases, including with respect to how record and expert evidence is analyzed, say George Gordon and Thomas Miller of Dechert LLP.

  • Series

    Clerking For Ginsburg: 4 RBG Lessons On Having It All

    Rachel Wainer Apter

    Justice Ruth Bader Ginsburg is everything she is cracked up to be​ — f​eminist icon​, brilliant jurist​, fierce dissenter. She is also an incredible boss, mentor and friend.​ ​Her advice has shaped how I have tried to balance building a career and ​raising children, says Rachel Wainer Apter, counsel to the New Jersey attorney general.

  • Series

    Clerking For Ginsburg: How To Play The Long Game

    Arun Subramanian

    One of us was a clerk when Justice Ruth Bader Ginsburg read her Ledbetter dissent from the bench, inviting Congress to act, and the other clerked a few years later, when RBG's prominently displayed copy of the Lilly Ledbetter Fair Pay Act served as a daily reminder that dissents are not just for show, say Arun Subramanian and Mark Musico of Susman Godfrey LLP.

  • Series

    Clerking For Ginsburg: In Pursuit Of Precision

    Trevor Morrison

    As clerks for Justice Ruth Bader Ginsburg, we learned early on that, when preparing a memorandum or draft opinion, it was essential to present any opposing argument in its strongest possible light. There is a lesson here for today's public debates, says Trevor Morrison, dean of NYU Law School.