Large Cap
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April 04, 2025
Brazilian Builder OEC Rebuffs US Trustee In Ch. 15 Relief Row
Brazilian construction company Odebrecht Engenharia e Construcao SA, or OEC, has urged a New York bankruptcy judge to grant its bid for Chapter 15 recognition and overrule an objection by the U.S. Department of Justice's bankruptcy watchdog, which argues OEC's restructuring plan contains unlawful liability releases and other measures.
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April 04, 2025
Guo Trustee Properly Obtained Yacht And $37M, 2nd Circ. Told
The Second Circuit should affirm rulings that drew a $37 million escrow fund and a $23 million yacht into Chinese exile Miles Guo's Connecticut bankruptcy estate, his Chapter 11 trustee has argued, asking the appellate court to uphold multiple prior rulings in his favor.
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April 04, 2025
The Supreme Court's Week: By The Numbers
The U.S. Supreme Court heard arguments in four cases this week, including over tax exemptions for religious charities and the ability of the families of terror attack victims to sue the Palestine Liberation Organization, while issuing two decisions, including one that personal injury claims can be brought under the federal racketeering statute. Here, Law360 Pulse takes a data-driven dive into the week that was at the U.S. Supreme Court.
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April 03, 2025
Ex-SunEdison Exec Gets 'Historic' $34.5M Deal In SOX Case
A former SunEdison Inc. executive scored a record-breaking $34.5 million settlement with SunEdison-sponsored yieldcos he once ran following a nearly decadelong legal battle and a finding that he was fired as retaliation in violation of the Sarbanes-Oxley Act for highlighting potential securities laws violations, his Hinckley Allen attorneys announced Thursday.
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April 03, 2025
Trade War Likely To Swell Already Rising Insolvency Forecast
Sticky inflation and elevated interest rates were already expected to drive more businesses into bankruptcy this year, but even more could become insolvent if the United States' new tariff regime sparks an all-out global trade war, experts told Law360.
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April 03, 2025
US Trustee Wants Jackson Walker Cases In District Court
The U.S. Trustee's Office has renewed its call for a district court trial over whether Jackson Walker LLP should return millions in fees for failing to disclose an ex-partner's romance with a bankruptcy judge, saying all the questions in the case should be tried in one venue.
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April 03, 2025
Franchise Group, Lenders Clash Over Control Of Ch. 11 Case
A Delaware bankruptcy judge said Thursday she would soon decide whether retail-chain owner Franchise Group Inc. can keep exclusive control over its efforts to confirm a reorganization deal, as a group of lenders that considers the debtor's Chapter 11 plan "unconfirmable" works to intervene in the process.
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April 03, 2025
Reed Smith Wants To Pull Out Of Eletson Ch. 11
An attorney from Reed Smith LLP asked a New York bankruptcy judge Thursday to let the firm withdraw its representation of one of two parties vying to control international shipping group Eletson Holdings, noting that opposing counsel has urged it for months to exit the case.
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April 03, 2025
Fla. Law School Launches Bankruptcy Law Pro Bono Clinic
With 37 years in bankruptcy law under his belt, Florida State University College of Law adjunct professor Michael Markham has launched a bankruptcy pro bono clinic to connect future attorneys with the much-needed practice that he's enjoyed for so many years.
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April 03, 2025
Meet The Attys Helping Zips Car Wash Through Ch. 11
Zips Car Wash LLC has put together a roster of attorneys from Gray Reed and Kirkland & Ellis LLP to help steer it through Chapter 11 as it seeks votes on a restructuring plan that would involve a debt for equity trade.
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April 03, 2025
Johnson Pope Bankruptcy Duo Joins Berger Singerman
Berger Singerman LLP announced that a pair of bankruptcy and restructuring attorneys from Johnson Pope Bokor Ruppel & Burns LLP have joined the firm's Tampa, Florida, office as part of its business reorganization team.
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April 02, 2025
Avison Young's Miami Team Thrives In Full-Court Press
When a high-profile piece of property lands in the middle of a court case in Florida, there's a good chance the phone will soon be ringing in global real estate advisory firm Avison Young's Miami office.
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April 02, 2025
PE Firm TPG Wants Endo Trust's Transfer Suit Tossed
Private equity firm TPG Capital is seeking the dismissal of a lawsuit that aims to claw back billions of dollars reaped in an allegedly unfair deal with Endo International PLC before the drugmaker went bankrupt.
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April 02, 2025
Baltimore Diocese Abuse Claimants Sue Over Immunity Bid
Childhood sex abuse claimants are suing the bankrupt Archdiocese of Baltimore in a bid to stop the Catholic organization from using a charitable immunity defense to avoid paying claims that aren't covered by the debtor's insurance, urging a Maryland federal judge to declare that the defense isn't available in the bankruptcy case.
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April 02, 2025
Meet The Attorneys Guiding Telefonica Del Peru In Ch. 15
The former national phone company of Peru, advised by lawyers from White & Case LLP, is navigating a Chapter 15 case in Texas to obtain recognition of its Peruvian insolvency proceedings, which the company launched after authorities in its home country imposed a $372 million tax bill.
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April 02, 2025
Ex-Morgan Lewis Bankruptcy Leader Joins Moore & Van Allen
Following more than a decade at Morgan Lewis & Bockius LLP, the firm's former bankruptcy, restructuring and insolvency co-head has joined Moore & Van Allen PLLC as a member.
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April 01, 2025
InterCement Gets Ch. 15 Recognition Of Brazil Restructuring
A New York bankruptcy judge on Tuesday recognized cement supplier InterCement's reorganization efforts in Brazil, overruling an objection from an ad hoc group of New York noteholders that said a subsidiary's restructuring belonged in the Netherlands.
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April 01, 2025
Northvolt's Ch. 11 Ends Amid Swedish Parent's Insolvency
A Texas bankruptcy judge on Tuesday agreed to dismiss the Chapter 11 cases of electric vehicle battery maker Northvolt AB at the company's request, after its parent commenced a bankruptcy case in Sweden.
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April 01, 2025
Catching Up With New Bankruptcy Case Action
Restaurant chain Hooters launched a Chapter 11 case with about $380 million in debt, saying it has reached a deal to shed its company-owned restaurants and trade debt for equity. Gastropub chain Bar Louie filed for bankruptcy, listing nearly $70 million of debt, about five years after its creditors took over the business during a previous bankruptcy. And a sustainability-focused financial services company filed for Chapter 11 less than a month after the firm's founder was arrested and charged with fraud.
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April 01, 2025
Talc Claimants Tell 3rd Circ. Whittaker Couldn't File Ch. 11
Talc injury claimants on Tuesday asked the Third Circuit to dismiss Whittaker Clark & Daniels' Chapter 11 case, saying a South Carolina state judge had given control of the talc supplier to a receiver six weeks before the company filed for bankruptcy.
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March 31, 2025
Hooters Hits Ch. 11 With Plans For Restaurant Sales
Restaurant chain Hooters filed for Chapter 11 protection in a Texas bankruptcy court late Monday with about $380 million in debt, saying it has reached a deal to shed its company-owned restaurants and trade debt for equity.
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March 31, 2025
J&J Talc Spinoff's Ch. 11 Case Gets Tossed, Erasing $9B Deal
A Texas bankruptcy judge rejected Johnson & Johnson's third attempt to use Chapter 11 to settle thousands of claims that its products caused cancer, dismissing J&J unit Red River Talc's Chapter 11 case on Monday and throwing out a roughly $9 billion bankruptcy deal over issues with the company's voting procedures and third-party releases.
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March 31, 2025
FTX Seeks Alternative Service In $1.76B Binance Suit
The recovery trust created under the Chapter 11 plan of defunct cryptocurrency exchange FTX has asked the Delaware bankruptcy court for permission to serve people and entities related to Binance Holdings via alternative means, saying their locations have made traditional service difficult or impossible in a $1.76 billion clawback lawsuit against the rival crypto business.
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March 31, 2025
Ex-US Trustee Head Appeals Firing, Purdue Case Extended
The former director of the U.S. Trustee's Office appealed her removal, alleging the government lacked cause and violated due process. Meanwhile, Purdue Pharma secured more time to protect itself and the Sackler family from lawsuits as the company seeks approval for a $7.4 million opioid settlement plan. And FTX told a court it has $11.4 billion ready for creditors but is still reviewing a massive volume of claims before the distribution.
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March 31, 2025
US Trustee Says Imerys Ch. 11 Releases Non-Consensual
The U.S. Trustee's Office is asking a Delaware bankruptcy judge to reject Imerys Talc America's Chapter 11 plan, saying the talc supplier wants to grant excessively broad claims releases to third parties without the consent of plan supporters.
Expert Analysis
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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.
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Atty Well-Being Efforts Ignore Root Causes Of The Problem
The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.
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Parsing Justices' Toss Of Purdue's Controversial Ch. 11 Plan
The U.S. Supreme Court's recent nixing of OxyContin manufacturer Purdue Pharma's Chapter 11 proposal prevents the Sackler family from settling thousands of civil opioid lawsuits without the consent of all of the plaintiffs, and holds profound implications for bankruptcy cases, say attorneys at MoloLamken.
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No Matter The Purdue Ruling, Mass Tort Reform Is Needed
The U.S. Supreme Court will soon issue its opinion in the bankruptcy of Purdue Pharma LP, and regardless of the outcome, it’s clear legal and policy reforms are needed to address the next mass tort, says William Organek at Baruch College.
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How Associates Can Build A Professional Image
As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.
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Yellow Corp. Lease Assumption Shows Landlord Protections
Yellow Corp.’s recent filing of a motion to assume unexpired leases is a helpful reminder to practitioners to maintain a long-term approach about what is most beneficial for an estate and to not let a debtor's short-term cash position dictate business decisions, says Kyle Arendsen at Squire Patton.
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Insurers Have A Ch. 11 Voice Following High Court Ruling
The U.S. Supreme Court's recent ruling in Truck Insurance Exchange v. Kaiser Gypsum — which reaffirmed a broad definition of "party in interest" — will give insurers, particularly in mass tort Chapter 11 bankruptcies, more opportunity to protect their interests and identify problems with reorganization plans, says George Singer at Holland & Hart.
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Considerations For Cooperation Contracts In Loan Trades
Significant challenges to settling trades can arise when lenders of syndicated bank loans enter into defense-oriented cooperation agreements, which are growing in popularity, but working through these issues on the front end of a trade can save hours down the road, says Robert Waldner at Crowell & Moring.
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Firms Must Rethink How They Train New Lawyers In AI Age
As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.
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Think Like A Lawyer: Always Be Closing
When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.
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NY Combined Hearing Guidelines Can Shorten Ch. 11 Timeline
The Southern District of New York’s recently adopted guidelines on combining the processes for Chapter 11 plan confirmation and disclosure statement approval may shorten the Chapter 11 timeline for companies and reduce associated costs, say Robert Drain and Moshe Jacob at Skadden.