Bankruptcy

  • July 26, 2021

    Erika Girardi Claims Atty's Harassment 'Significantly Worse'

    Erika Girardi, the reality TV star and ex-wife of disgraced plaintiffs attorney Thomas Girardi, claimed Friday that the purported harassment she's faced from an attorney hired to investigate her finances has gotten "significantly worse," according to a filing lodged in the California federal bankruptcy case for Girardi Keese.

  • July 26, 2021

    After Girardi, Calif. Bar Eyes Random Trust Account Audits

    The State Bar of California, facing accusations it mishandled investigations into allegations that plaintiffs lawyer Thomas V. Girardi stole from his clients, announced Monday it will consider conducting random audits of client trust accounts and updating the rules and laws that underpin its discipline system.

  • July 26, 2021

    Calif. Environmental Agency Loses Exide Ch. 11 Plan Appeal

    A California environmental regulatory agency lost its appeal of the Chapter 11 plan of battery recycler Exide Holdings Inc. on Monday when a Delaware federal judge said it would be a moot exercise to unwind the company's confirmed bankruptcy plan.

  • July 26, 2021

    NJ Judge Vacates $29M Judgment Over Co.'s Defaulted Loans

    A New Jersey federal judge vacated a $29 million judgment for a Garden State enterprise that sued a Singapore business over defaulted loans, reasoning that the foreign company's liquidation proceedings stripped its principals of the authority to take action in the litigation.

  • July 26, 2021

    DC Hotel Owner In Ch. 11 Sues Marriott Seeking $7M Clawback

    The bankrupt owner of a Washington, D.C., hotel has sued Marriott in Delaware court, saying the debtor should be paid back nearly $7 million in pre-bankruptcy payments made to the hotel management company.

  • July 26, 2021

    Girardi Ch. 7 Trustee Must Give Discovery In Contempt Fight

    An Illinois federal judge on Monday ordered the Girardi Keese law firm's bankruptcy trustee to hand over documents to two of the firm's ex-partners who say they need the information to defend themselves at a contempt hearing related to claims they covered up the alleged theft of $2 million in client settlement funds.

  • July 26, 2021

    Where Have All The Associates Gone?

    Nonpartner attorney headcounts declined slightly across the Law360 400 last year amid the pandemic, leaving many law firms scrambling for associate talent that seems to be evaporating even as many firms see an uptick in work.

  • July 26, 2021

    The Law360 400: Tracking The Largest US Law Firms

    As much of the U.S. emerges from the worst of the coronavirus pandemic that upended the world last year, law firms are taking stock of how much their business and their bench strength were affected by the unprecedented pressures of a global health crisis.

  • July 23, 2021

    Spyglass Fires Back At Weinstein Brother's Demand For Pay

    Spyglass Entertainment told a Delaware bankruptcy judge on Friday that it didn't owe former Weinstein Co. co-chair Robert Weinstein any film profit-sharing payments after it bought the company's assets out of Chapter 11, saying it bought the assets to strip them of any association with the company or its founders.

  • July 23, 2021

    Ex-Bouchard CEO Says Info Lacking On Oil Barge Fleet Sale

    The former CEO of oil barge fleet owner Bouchard Transportation Co. has filed an objection to the company's asset sale, saying there has been too little information on the outcome of the past week's auction and that a possible better offer has been made.

  • July 23, 2021

    Lender Loses Appeal In Lord & Taylor Ch. 11 Rent Battle

    Wilmington Trust lost an appeal Thursday in Virginia federal court after a judge found it didn't have standing to challenge an order of the local bankruptcy court that the lender didn't have the ability to force formerly bankrupt clothing retailer Lord & Taylor to pay $30 million of rent to its landlords.

  • July 23, 2021

    Claimants, Insurers, Others Blast Boy Scout Abuse Deal

    Sexual abuse claimants, insurers, churches and others are asking the Delaware bankruptcy judge overseeing the Boy Scouts of America's Chapter 11 case to reject its proposed $850 million abuse settlement, claiming the deal would leave them facing unjust burdens.

  • July 23, 2021

    Condo Collapse Litigation Leaders Talk Of Coming Challenges

    As leaders of the team representing victims of the Surfside, Florida, condominium collapse, Harley Tropin of Kozyak Tropin Throckmorton and Rachel Furst of Grossman Roth Yaffa Cohen PA will have their hands full trying to maximize recovery for the victims and balancing what will sometimes be competing interests between those who lost their apartments and the 97 who lost their lives.

  • July 23, 2021

    Pa. Court Upholds Temporary Closure Of Anti-Mask Diner

    A Pennsylvania state court judge didn't err when he ordered an anti-mask restaurant outside Pittsburgh to shut down as long as it defied statewide mask requirements during the pandemic, according to an appellate court decision Friday.

  • July 22, 2021

    'I Trusted Michael': Ex-Client Says Avenatti Never Paid Him

    One of Michael Avenatti's former clients, who says the suspended attorney helped him win a $4 million settlement after he was paralyzed in a Los Angeles jail, told the California federal jury in Avenatti's embezzlement trial Thursday that he never received his money from the attorney he "trusted with everything."

  • July 22, 2021

    Miami Hotel Hits Chapter 11 To Duck 'Aggressive' Foreclosure

    A downtown Miami hotel has filed for Chapter 11 protection in a Florida bankruptcy court in an attempt to escape what it claims is a loan servicer's "aggressive" foreclosure attempt on its $17 million mortgage.

  • July 22, 2021

    Ex-LeClairRyan GC Cops To Obstructing Embezzlement Probe

    LeClairRyan's former general counsel pled guilty to a criminal obstruction charge on Thursday, part of a plea agreement with federal prosecutors who accused the disbarred attorney of impeding a U.S. Trustee Program proceeding in 2019.

  • July 22, 2021

    Forever 21 To Liquidate After Ch. 11 Plan Falls Through

    The bankruptcy case of fast-fashion retailer Forever 21 will convert to a Chapter 7 liquidation after a Delaware bankruptcy judge said Thursday its proposed Chapter 11 plan did not garner sufficient support from affected administrative creditors.

  • July 22, 2021

    Ch. 11 Auction Nets $152M Buyer For Wardman Park Hotel

    A Delaware bankruptcy judge provisionally approved a $152.25 million sale of the more than century-old Washington Marriott Wardman Park Hotel on Thursday, after an epic Chapter 11 auction at the site.

  • July 22, 2021

    Kossoff Can't Plead The 5th As Bankrupt Law Firm Rep

    New York City real estate attorney Mitchell Kossoff cannot assert the Fifth Amendment in his capacity as representative of his defunct law firm Kossoff PLLC, a federal bankruptcy judge ruled Thursday.

  • July 22, 2021

    Philly Hospitals To Mediate Owner Issues In Ch. 11 Case

    Attorneys for the former owner of two Philadelphia hospitals told a Delaware bankruptcy judge on Thursday that it had reached a standstill agreement with its owner over disputes involving corporate governance actions while the parties pursue mediation of their issues.

  • July 22, 2021

    Pot Greenhouse Co.'s Investors Seek OK Of $1.5M Deal

    Shareholders of a bankrupt marijuana greenhouse leasing business have renewed their request for a federal court to approve a $1.5 million settlement and settlement class, after a judge booted the business's parent company from the case for blocking progress on the deal.

  • July 22, 2021

    Office Space Renter's Ch. 11 Plan Sent Out For Creditor Vote

    A Delaware bankruptcy judge Thursday sent the Chapter 11 plan of a North American affiliate of temporary office space rental company Regus Corp. to its creditors for a vote after the company said it will work on resolving legal release issues raised by its landlords.

  • July 21, 2021

    NRA Slams NY AG's 'Nakedly Political' Shutdown Bid

    The National Rifle Association told a New York state court Tuesday that the May dismissal of its bankruptcy bid actually supports its position that New York Attorney General Letitia James' "nakedly political" effort to shut the organization down is meritless.

  • July 21, 2021

    Avenatti Stole Client Funds To Buy Jet, Pay Bills, Jury Told

    Michael Avenatti violated his clients' trust — and broke federal law — when he stole millions from their settlements to buy a private jet, get his law firm out of bankruptcy and pay his personal bills, federal prosecutors told a California jury Wednesday during opening statements in his embezzlement trial.

Expert Analysis

  • Series

    Embracing ESG: Exelon GC Talks Diversity Initiatives

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    Executing a commitment to diversity, equity and inclusion programming, through recruitment, inclusive legal pipelines and community empowerment via pro bono efforts, can ensure a strong environmental, social and governance proposition, says Gayle Littleton at Exelon.

  • Revamping Law Firm Marketing Lists — With Partner Buy-In

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    Jackson Lewis’ Paige Bowser shares lessons from the firm's recent overhaul of an outdated email marketing database, including tips for getting partners on board, ensuring compliance with privacy laws and augmenting outreach strategies.

  • The Murky World Of Legal Rankings Gets Some Clarity In NJ

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    New Jersey's new, stringent approach to legal rankings will make accolade advertising more transparent, benefiting both attorneys and clients and offering legal marketers a new set of best practices amid evolving standards, say Penny Paul at Lowenstein Sandler and Susan Peters at Greybridge.

  • Series

    Embracing ESG: Cigna Counsel Talks Employee Wellness

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    Building employee well-being into corporate environmental, social and governance priorities required our legal team to focus more closely on cross-functional collaboration within the company and increased communication with our board of directors and shareholders, says Julia Brncic at Cigna.

  • Hybrid Work Models Are Key To Gender Parity In Law Firms

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    To curb the historically high rates of attrition among female lawyers, Roberta Liebenberg at Fine Kaplan and Stephanie Scharf at Scharf Banks suggest firms must normalize hybrid work schedules, and they recommend best practices to promote engagement among all attorneys, regardless of where they work.

  • 3 Keys To Winning Your Next Oral Argument

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    To leverage the unique opportunity oral arguments provide to talk directly to judges and contribute to their decision making, attorneys must mind the three hallmarks of persuasiveness: projecting credibility, exuding likability and gaining the listener's trust, says Daniel Karon at Karon LLC.

  • Opinion

    Justices Should Have Resolved Student Loan Discharge Issue

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    The Supreme Court's denial of certiorari in McCoy v. U.S. is a disappointment to advocates of student loan discharges in bankruptcy and ensures that applicants' chances of discharging their student debt depend largely on where they reside, say Joseph Pack and Jessey Krehl at Pack Law.

  • Keys To Efficient And Accurate Doc Review For E-Discovery

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    Attorneys involved in e-discovery can review information accurately and cost-effectively by understanding the data in a document collection and identifying its key pitfalls, drafting comprehensive review guidelines, and preparing ahead, says John Wertelet at Eckert Seamans.

  • Avoiding Independent Director Challenges In Ch. 11 Litigation

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    Companies in bankruptcy could fend off litigation over board members' alleged conflicts of interest, as in Purdue Pharma's ongoing Chapter 11 case, with disclosures to help courts and creditors assess directors' independence without resorting to more drastic and costly bankruptcy tools, say attorneys at Lowenstein Sandler and the Brownstein Corp.

  • Series

    Embracing ESG: Raytheon GC Talks Climate Change

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    Now that the climate crisis is seen as an existential threat, the stakes couldn't be higher — or the challenges more daunting — for the general counsel, who must enlist all parts of the company for support while providing both a legal and ethical road map on how to respond, says Frank Jimenez at Raytheon.

  • Mass. Ruling A Cautionary Tale For Attorneys Changing Firms

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    The Massachusetts high court's recent ruling in Governo v. Bergeron, that lawyers could be held liable for unfair competition with a former firm, highlights important considerations for departing attorneys soliciting clients to come with them, say Mariana Korsunsky and Gary Ronan at Goulston & Storrs.

  • Preparing For Contract Disputes Over Environmental Credits

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    As disputes over transactions involving renewable fuel standards, carbon offsets and other environmental credits become increasingly common, companies should know how to protect themselves in case a credit contract goes sour, say attorneys at Eversheds Sutherland.

  • What Post-COVID Health Provider M&A Could Look Like

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    Attorneys at Morgan Lewis look at how the pandemic affected health care M&A, why hospitals may prioritize strategic initiatives as COVID-19 considerations wane, and the impact of the continued trend toward stronger antitrust enforcement.

  • How To Avert Media Narrative And Get A Fair High-Stakes Trial

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    Corporate defendants in bet-the-company litigation may face an uphill battle to a fair trial when the media paints an entire industry, and every entity within it, as a villain — but some strategic tools can help build a more constructive defense and counteract damaging outside spin, says Jessie Zeigler at Bass Berry.

  • Rebuttal

    In Defense Of Expedited Bankruptcies

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    A recent Law360 guest article decrying due process concerns with expedited bankruptcies fails to acknowledge why a quick Chapter 11 process has become so appealing: the skyrocketing costs, says Kenneth Rosen at Lowenstein Sandler.

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