Large Cap
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May 15, 2025
Under The Radar: Bankruptcy News You May Have Missed
Warner Bros. asked a Delaware bankruptcy judge in Village Roadshow's Chapter 11 case to allow arbitration over profits tied to "The Matrix" films to continue. Rap artist Curtis "50 Cent" Jackson III asked to reopen his Connecticut bankruptcy, saying his confirmed Chapter 11 plan discharged a personal injury claim filed against him in New York. And the Second Circuit deployed the chief bankruptcy judge of the Eastern District of New York to help mediate adversary proceedings in Chinese exile Miles Guo's Chapter 11 case.
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May 15, 2025
Troutman Adds K&L Gates CMBS Partner In NC
Troutman Pepper Locke LLP announced it has hired Christopher J. Fernandez from K&L Gates LLP as a partner in its bankruptcy and restructuring practice group in Charlotte, North Carolina.
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May 15, 2025
Ex-Eletson Board Facing Fees In Ch. 11 Fight
A New York bankruptcy judge Thursday said international shipping group Eletson Holdings can collect legal fees for its long-running fight against former board members and that he would consider new sanctions against parties Eletson says are interfering with its Chapter 11 plan.
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May 15, 2025
Genesis Fights Jefferies Bid To Be Paid In Bitcoin Over USD
Failed cryptocurrency lender Genesis Global has asked a New York bankruptcy judge to throw out investment bank Jefferies' request for an order forcing the wind-down debtor to take back money it paid Jefferies and instead reimburse it in bitcoin, arguing it's too late for the bank to amend a claim that was filed "solely in dollars."
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May 15, 2025
Meet The Attys Helping Food Distributor Harvest In Ch. 11
Former wholesale food distributor Harvest Sherwood Food Distributors Inc. has tapped a team of lawyers from Sidley Austin LLP to see it through a Chapter 11 process the debtor plans to use to wind down its perishable products business and sell its assets.
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May 15, 2025
Whiteford Adds Montgomery McCracken Bankruptcy Ace
Whiteford Taylor & Preston LLP has added a Montgomery McCracken Walker & Rhoads LLP bankruptcy attorney in Delaware to bolster its capacity to handle Chapter 11 and other bankruptcy proceedings.
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May 15, 2025
Office Snapshot: Richards Layton Upgrades Delaware Digs
Delaware law firm Richards Layton & Finger PA this week unveiled completed renovations to its 150,000-square-foot, multifloor office at One Rodney Square in Wilmington, where the firm's president said the revamped space is better suited to meet the needs of its staff and clients.
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May 14, 2025
Why Boy Scout Releases Were OK Despite Failing Purdue Test
The Third Circuit's rejection of challenges to third-party releases in the Boy Scouts of America's Chapter 11 plan may appear at odds with the U.S. Supreme Court's Purdue decision last year, but the panel said the already enacted plan can't be undone even if it couldn't pass muster today, experts told Law360.
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May 14, 2025
Alex Jones Can't Duck $1B Sandy Hook Payout During Appeal
Infowars host Alex Jones cannot avoid a $1.3 billion defamation judgment favoring the victims of the Sandy Hook Elementary massacre while he crafts an appeal to the U.S. Supreme Court in the hopes it accepts his final challenge to the record-breaking verdict, a Connecticut appeals court has ruled.
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May 14, 2025
Yellow Corp.'s $14M Terminal Sales Approved In Bankruptcy
A Delaware bankruptcy judge approved a request from defunct trucking company Yellow Corp. to sell a number of trucking terminals in the U.S. for a combined total of about $14 million.
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May 14, 2025
McGlinchey Stafford Adds Real Estate, Financial Services Pro
McGlinchey Stafford PLLC announced that the firm has added a real estate and financial services pro to its financial services litigation practice, who joins the firm following a five-year stint in private practice.
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May 14, 2025
Buddy's Franchisee Pushes Back On Holding Co. Ch. 11 Plan
The operator of 62 Buddy's Home Furnishings locations has objected to the assumption of its franchise agreements under the proposed Chapter 11 plan for the holding company that owns a suite of retailers including Vitamin Shoppe and Pet Supplies Plus, arguing the retail brand operator is in default on the agreements and therefore cannot assume the contracts.
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May 14, 2025
Reed Smith Can't Duck Out Of Eletson Ch. 11, Judge Says
A New York bankruptcy judge has rejected Reed Smith LLP's effort to withdraw its representation of one of the parties vying for control of international shipping group Eletson Holdings, ruling the law firm's bid to end its apparently limited work for the company's pre-Chapter 11 shareholders while still counseling them in related matters was improper.
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May 14, 2025
A&O Shearman Adds Ex-Schulte Roth Restructuring Atty
A&O Shearman has added a restructuring attorney previously with Schulte Roth & Zabel LLP as a partner in New York, the firm announced Wednesday.
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May 13, 2025
Crypto Platform's Ex-Brass Plead Guilty To $150M Fraud
Two former executives behind bankrupt cryptocurrency investment platform Cred Inc. pled guilty Tuesday in California federal court to conspiracy to commit wire fraud, admitting they gave customers "an unreasonably positive" portrayal of the business ahead of a collapse that prosecutors say wiped out up to $150 million in customer crypto.
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May 13, 2025
Magistrate Judge Cuts Defendants In J&J Talc Unit Fraud Suit
A New Jersey magistrate judge on Tuesday dropped a collection of defendants from a class action brought by cancer patients alleging that Johnson & Johnson's maneuvers to settle thousands of tort claims through Chapter 11 involved fraud.
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May 13, 2025
Insurers Challenge Avon's Ch. 11 Plan Voting Procedures
Insurers in the Chapter 11 case of cosmetics seller Avon Products Inc. have objected to vote solicitation procedures proposed by the debtor, condemning a plan for certain talc claims to be temporarily recognized for voting purposes.
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May 13, 2025
Lack Of Fundamental Change Led To Rite Aid's Ch. 22 Case
Pharmacy chain Rite Aid commenced its second Chapter 11 case since 2023 last week, falling back into bankruptcy so soon because its failure to make fundamental operational changes the first time around led to predictably tightfisted vendors who imposed restrictive credit terms that worsened the company's liquidity problems, experts told Law360.
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May 13, 2025
Catholic Friars' Insurer Wants Info On Abuse Claims Hack
An insurer for a bankrupt group of Catholic friars facing child sexual abuse claims said Tuesday it wants access to information on a data breach at a consulting firm retained by a committee representing the claimants in this and multiple other Catholic organization bankruptcies.
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May 13, 2025
3rd Circ. Upholds Most Of Boy Scouts' Ch. 11 Plan
The Third Circuit upheld the bulk of the Boy Scouts of America's Chapter 11 plan to deal with thousands of childhood sex abuse claims, but agreed Tuesday with one objecting insurer that its rights were impermissibly altered under the plan.
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May 13, 2025
Catching Up With New Bankruptcy Case Action
Weight loss business WeightWatchers entered Chapter 11 in Delaware, as did medical technology company Accelerate Diagnostics Inc. and California-based biotechnology company Synthego Corp. Here are the week's new bankruptcy cases.
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May 13, 2025
Democracy Forward Picks Up 4 More Ex-DOJ Attys
The legal advocacy group Democracy Forward has brought on four former U.S. Department of Justice litigators, adding to a string of hires the organization has made from the federal government as it takes on the Trump administration in court.
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May 12, 2025
Rite Aid Back In Ch. 11, Tupperware Gets OK To Liquidate
Drugstore chain Rite Aid reentered bankruptcy less than a year after its earlier reorganization plan was approved, and received a bankruptcy court's permission to conduct asset sales. Food storage container maker Tupperware Brands Corp. received court approval for its Chapter 11 liquidation plan. And a Washington University law professor was named the consumer privacy ombudsman in 23andMe's Chapter 11 case.
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May 12, 2025
Unions Assert WARN Claims In Yellow Bankruptcy Appeal
The Teamsters and the International Association of Machinists are challenging a bankruptcy court's finding that Yellow Corp. is not liable for failing to tell 22,000 union workers they were about to lose their jobs because the company was folding, asking a Delaware federal judge to reverse the ruling.
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May 12, 2025
Crypto Analysis Biz Says Celsius Can't Shift Fraud Blame
Chainalysis Inc. is asking a New York federal judge to throw out a lawsuit brought against it by defunct cryptocurrency platform Celsius Network, saying Celsius is trying to deflect the blame for fraud perpetrated by the company and its executives.
Expert Analysis
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How To Grow Marketing, Biz Dev Teams In A Tight Market
Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.
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Justices' Ch. 11 Ruling Is A Big Moment For Debtors' Insurers
The U.S. Supreme Court’s recent Truck Insurance v. Kaiser Gypsum ruling upends decades of Chapter 11 bankruptcy jurisprudence that relegated a debtor’s insurer to the sidelines, giving insurers a new footing to try and avoid significant liability, say Stuart Gordon and Benjamin Wisher at Rivkin Radler.
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SVB Ch. 11 Shows Importance Of Filing Proof Of Claim Early
After a New York bankruptcy court’s recent ruling in SVB’s Chapter 11 case denied late claims filing requests related to post-bar date events, parties with potential claims against a debtor may need to seriously consider filing protective proofs of claim, says Kyle Arendsen at Squire Patton.
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High Court Made Profound Mistake In Tossing Purdue Deal
The U.S. Supreme Court's recent decision to throw out Purdue Pharma's Chapter 11 plan jeopardizes a multistate agreement that would provide approximately $7 billion in much-needed relief to help fight the opioid epidemic, with states now likely doomed to spend years chasing individual defendants across the globe, says Swain Wood at Morningstar.
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What FTX Case Taught Us About Digital Asset Recoverability
FTX's Chapter 11 plan has drawn lots of attention, but the focus should be on the anticipated outcome for investors, which counters several myths about digital currencies, innovation and recoverability, says Kyla Curley at StoneTurn.
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A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates
Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.
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Synapse Bankruptcy Has Ripple Effects For Fintech Industry
Synapse Financial Technologies’ recent bankruptcy filing marks a significant moment in the fintech industry's evolution, highlighting that stringent compliance and risk management in fintech partnerships are essential to mitigate risk and protect consumers, say Joann Needleman and Ryan Blumberg at Clark Hill.
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Discount Window Reform Needed To Curb Modern Bank Runs
We learned during the spring 2023 failures that bank runs can happen extraordinarily fast in light of modern technology, especially when banks have a greater concentration of large deposits, demonstrating that the antiquated but effective discount window needs to be overhauled before the next crisis, says Cris Cicala at Stinson.
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2 Options For Sackler Family After High Court Purdue Ruling
After the U.S. Supreme Court recently blocked Purdue Pharma's plan to shield the family that owns the company from bankruptcy lawsuits, the Sacklers face the choice to either continue litigation, or return to the bargaining table for a settlement that doesn't eliminate creditor claims, says Gregory Germain at Syracuse University.
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Revisiting Scalia's 'What's It To You?' After Kaiser Ruling
While the U.S. Supreme Court's recent decision in Truck Insurance Exchange v. Kaiser allows insurers to be considered "parties in interest" in Chapter 11 cases, they still need to show they would face an injury in fact, answering the late Justice Antonin Scalia's "what's it to you?" question, say Brent Weisenberg and Jeff Prol at Lowenstein Sandler.
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Florida Banking Brief: All The Notable Legal Updates In Q2
The second quarter of 2024 brought two notable bills that will affect Florida's banking and finance community across many issues, including virtual currency abandonment, cancellation of financial services on the basis of political opinions, and the exemption amount of motor vehicles, say Joshua Prever and Andrew Balthazor at Holland & Knight.
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How To Clean Up Your Generative AI-Produced Legal Drafts
As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.
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Purdue Ch. 11 Ruling Reinforces Importance Of D&O Coverage
The U.S. Supreme Court's recent decision in Harrington v. Purdue Pharma, holding that a Chapter 11 reorganization cannot discharge claims against a nondebtor without affected claimants' consent, will open new litigation pathways surrounding corporate insolvency and increase the importance of robust directors and officers insurance, says Evan Bolla at Harris St. Laurent.