Large Cap
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March 04, 2025
Kane Russell Launches Austin Shop With 6-Atty Team
Texas law firm Kane Russell Coleman Logan PC announced Tuesday that it is opening its third location with a shop in Austin, and is adding six attorneys from Holland & Knight LLP and Ross Smith & Binford PC.
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March 04, 2025
Exela Units File For Ch. 11 With $1.3B Debt
A Texas bankruptcy judge granted about 60 units of business process automation company Exela Technologies Inc. interim approval to access a $185 million lending facility to finance their Chapter 11 bankruptcy cases, in which the debtors hope to refinance their more than $1.3 billion of debt.
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March 03, 2025
Holland & Knight Accused Of Assisting GWG Fraud
The estate trustee for bankrupt life insurance bond seller GWG Holdings Inc. has filed a suit accusing Holland & Knight LLP and its attorney William "Bill" Banowsky of helping GWG's ex-chairman run a "fraudulent looting scheme" that cost the company $100 million.
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March 03, 2025
Yellow Corp. Settles Pair Of WARN Suits In Del. For $12.3M
Shuttered Yellow Corp.'s trucking company bankruptcy estate has agreed to settlements totaling $12.3 million with two former employee groups, which were reached before a Delaware judge's posttrial denial of Worker Adjustment and Retraining Act claims covering thousands of ex-company employees, according to recent court filings.
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March 03, 2025
Whittaker Talc Claimants Call $535M Ch. 11 Deal Far Too Low
The official committee of talc claimants in the Chapter 11 case of Whittaker Clark & Daniels told a New Jersey bankruptcy judge on Monday that a $535 million settlement with Berkshire Hathaway entities that own the debtor is "a smack in the face" to the claimants and was an insider-negotiated deal.
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March 03, 2025
Tehum Gets OK For Ch. 11 Plan With $50M Settlement
Tehum Care Services received confirmation of its Chapter 11 plan Monday, more than two years after the prison healthcare provider filed for bankruptcy relief and less than a year after a previous settlement was rejected.
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March 03, 2025
$372M Tax Bill Helped Peru Telecom Dial Into Bankruptcy
What was once Peru's national phone company is now seeking U.S. recognition of its bankruptcy as it tries to fend off legal action while dealing with $2.4 billion in liabilities, a shrinking market share and a court judgment that left it with a $372 million tax bill.
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March 03, 2025
$7.4B Deal Nets Purdue More Time, J&J Spinoff Ends Trial
Purdue Pharma received approval for more mediation time after telling a judge that it had reached definitive terms on a new $7.4 billion settlement of opioid claims; a two-week trial over whether to confirm the $10 billion Chapter 11 plan of Johnson & Johnson's talc spinoff wrapped up; and an artificial-intelligence cryptocurrency business asked a Texas bankruptcy judge to restart an asset auction for Alex Jones' Infowars platform.
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March 03, 2025
Calif. BMO Worker Can Bank On Litigating 401(k) Suit In Ill.
A proposed class action challenging BMO Financial Corp.'s alleged misuse of forfeited retirement contributions should be litigated in Illinois, where most of the bank's evidence and witnesses are located, a California federal judge said on Friday.
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February 28, 2025
J&J Talc Spinoff Wraps Two-Week Chapter 11 Trial
A marathon Chapter 11 trial for Johnson & Johnson's talc liability unit wrapped up Friday, with attorneys defending the $10 billion plan against competing efforts to toss the Texas bankruptcy.
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February 28, 2025
Byju's Gets Early Win In Suit Over Fraud In Transfer of $533M
A Delaware bankruptcy judge granted summary judgment on multiple counts of an adversary suit brought by debtor Byju's Alpha, giving the company and its lenders early wins in their efforts to recover $533 million worth of estate assets that were transferred to Camshaft Capital Fund before the bankruptcy.
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February 28, 2025
Real Estate Recap: Gov't Lease Limbo, AI Upset, Profiteering
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including attorney insights into federal lease upheaval, the impact of AI efficiency on data centers and price-gouging in the aftermath of the Los Angeles wildfires.
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February 28, 2025
FDIC Can't Nix SVB Trust's Claims Feds Must Turn Over $1.93B
A California federal judge has tossed a pair of claims from SVB Financial Trust's lawsuit alleging that the FDIC wrongfully took control of $1.93 billion in deposits amid Silicon Valley Bank's collapse, dismissing due process claims for good but allowing the trust to pursue promissory estoppel allegations and so-called turnover claims.
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February 28, 2025
Lawyer Felled By Litigation Funders Says He'll Practice Again
In a meeting with creditors on Friday, Texas mass tort attorney Truett Akin IV said he intends to practice law again after both he and his law firm filed for bankruptcy amid arbitration brought by a litigation funding firm, to which they potentially owe hundreds of millions of dollars.
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February 28, 2025
Under The Radar: Bankruptcy News You May Have Missed
The licensing arm of Universal Studios objected to a Party City asset sale, bondholders urged a judge to lift a stay on outside litigation in the Puerto Rico Electric Power Authority's restructuring case, and a satellite service provider asked a court to dismiss an adversary suit brought by debtor Ligado Networks. These are some of the bankruptcy stories you may have missed in the last week.
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February 28, 2025
Red River Recap: Testimony Over J&J Spin-Off Ch. 11 Ends
Testimony wrapped up Thursday in a two-week trial in Houston over whether to confirm the $10 billion Chapter 11 plan of a Johnson & Johnson talc liability spin off or dismiss the "Texas two-step" bankruptcy. Here's a recap of the eight days of testimony.
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February 27, 2025
US Trustee, Creditors Blast GOL Linhas' Plan Disclosure
GOL Linhas noteholders and the U.S. Trustee's Office are asking a New York bankruptcy judge to reject the Brazilian airline's Chapter 11 plan disclosures, saying they lack information on items ranging from claims releases to the company's post-bankruptcy equity value.
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February 27, 2025
Turbulence May Be Ahead For Spirit Airlines Post-Chapter 11
Spirit Airlines is set to soar out of bankruptcy as of its plan confirmation on Feb. 20, but it is unclear whether the ultra-low-cost carrier will be able to maintain cruising altitude for the long haul, experts told Law360.
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February 27, 2025
AI Crypto Company Joins Call For New Infowars Auction
An artificial-intelligence cryptocurrency business has joined the backup bidder for Alex Jones' Infowars platform in asking a Texas bankruptcy judge to restart an asset auction, saying it would like its bid to be considered.
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February 27, 2025
Yellow Corp. Beats Teamsters In WARN Act Row
A Delaware bankruptcy judge has ruled that trucking company Yellow Corp. is not liable for its failure to provide 60 days notice of layoffs to 22,000 union workers who lost their jobs as the company descended into Chapter 11, finding that Yellow was a "liquidating fiduciary" at the time and intended to comply with the WARN Act.
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February 27, 2025
Selendy Gay Names New Managing Partner, COO
Litigation boutique Selendy Gay PLLC announced Thursday that it has appointed bankruptcy and insolvency lawyer Kelley Cornish as managing partner and landed the top legal head of Cinch Home Services as its new chief operating officer.
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February 27, 2025
Jones Day Gets OK For $52M In NY Diocese Ch. 11 Fees
A New York bankruptcy judge Thursday gave final approval to Jones Day's request for nearly $52 million in compensation for shepherding Long Island's Roman Catholic diocese through its Chapter 11 case, overruling arguments it spent too much time objecting to claims.
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February 26, 2025
For Large Firms, A Day In Ch. 11 Can Be Costlier Than Ever
Large companies are paying more to restructure debt both during bankruptcy and in the months leading up to a Chapter 11 filing, with the typical cost of a day in court ballooning in recent years, according to a new paper by Harvard Law School Professor Jared A. Ellias.
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February 26, 2025
Jailed Ex-FTX Exec's Lawyers Can't Drop From Ch. 11 Suit
Attorneys from Montgomery McCracken Walker & Rhoads LLP representing former FTX Trading executive Ryan Salame cannot yet withdraw as his counsel in an adversary case seeking the return of $99 million in company funds after a Delaware bankruptcy judge said Wednesday he needed more information about the firm's difficulties in communicating with their incarcerated client.
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February 26, 2025
Willkie Wins Sanctions, But Fees Cut, In Old Asbestos Ch. 11
Willkie Farr & Gallagher LLP has won sanctions against plaintiffs in the 1982 bankruptcy case of Johns Manville Corp., but the firm's fee award was drastically slashed after a New York judge found that lawyers had not provided enough details about their work.
Expert Analysis
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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.
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SVB Bankruptcy Case Raises Asset Control Questions
The initial disputes in Silicon Valley Bank's bankruptcy case between the Federal Deposit Insurance Corp. and the debtor over tax refunds and deposits are likely to signal the rekindling of old battles for limited assets last fought during the Great Recession, say Jeffrey Rothleder and Maura McIntyre at Squire Patton.