Mid Cap
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April 08, 2025
Clifford Chance Lands Gibson Dunn Restructuring Co-Chair
Clifford Chance LLP announced Tuesday that it has hired the former co-chair of Gibson Dunn & Crutcher LLP's corporate restructuring practice to co-lead its global restructuring and insolvency practice.
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April 08, 2025
Rhodium Gets OK For $185M Settlement With Landlord
A Texas bankruptcy judge on Tuesday approved a $185 million asset sale to settle a dispute between Rhodium Encore and its remaining landlord that will allow the bankrupt cryptocurrency miner to wipe out its debt with enough left over to pay shareholders.
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April 08, 2025
Meet The Attys For Westward Whiskey's Ch. 11
Oregon-based House Spirits Distillery LLC, which produces premium whiskey brand Westward Whiskey, has hired a team of lawyers from Pashman Stein Walder Hayden PC to assist it in navigating a streamlined Chapter 11 process while it seeks to submit a reorganization plan and reemerge as a going concern.
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April 07, 2025
Fintech Customers Sue Banks Over Synapse Collapse
Evolve Bank & Trust and Lineage Bank were hit with a consumer's proposed class action in Tennessee federal court accusing them of mismanaging their relationships with Synapse Financial, a now-bankrupt middleware fintech service that the suit says caused customers to lose $85 million.
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April 07, 2025
Ore. Distillery Hits Ch. 11 After Demand Drop, Supply Glut
Oregon whiskey distillery House Spirits Distillery LLC has filed a streamlined Chapter 11 for businesses with small debt loads in Delaware, saying a post-COVID drop in alcohol demand mixed with a glut of inventory had hampered its financial health.
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April 07, 2025
Silvergate Ch. 11 Examiner Finds Issues With Investigation
An examiner appointed in the Chapter 11 case of bank parent Silvergate Capital Corporation has filed a report in Delaware bankruptcy court identifying some concerns with an independent investigation of potential claims against the company's directors and officers.
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April 07, 2025
J&J Ch. 11 Case Tossed, New Tariffs May Boost Bankruptcies
A Texas bankruptcy judge dismissed Johnson & Johnson's third attempt to settle cancer claims through Chapter 11, tossing Red River Talc's bankruptcy case and a $9 billion deal. Law360 has learned that dozens of employees of the U.S. Trustee Program have accepted buyouts. And experts say new tariffs under President Donald Trump may drive even more insolvencies as economic pressures mount. This is the week in bankruptcy.
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April 07, 2025
Girardi Hearing On Prison Option Pushed To May
A hearing to discuss whether disbarred attorney Tom Girardi should serve any sentence in prison or be committed to a care facility due to his dementia diagnosis was pushed back to May to accommodate scheduling for witnesses.
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April 07, 2025
Dynamic Aerostructures OK'd For $16M Going-Concern Sale
A Delaware bankruptcy judge on Monday approved aerospace parts supplier Dynamic Aerostructures' $16 million sale of its business to a unit of private equity firm Avem Partners after the company failed to attract any other qualified bids.
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April 04, 2025
4th Circ. Rules Ch. 7 Debtor On The Hook For Mortgage Bill
The Fourth Circuit on Friday revived class claims by a Chapter 7 debtor who received a collection letter over a defaulted mortgage, saying the debtor still has obligations to pay the mortgage lender, partially overturning a West Virginia district court's decision.
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April 04, 2025
Defamation Litigation Roundup: Jay-Z, Blake Lively, Drake
In this month's review of ongoing defamation fights, Law360 looks back on an escalation in Jay-Z's case against personal injury lawyer Tony Buzbee, who he accuses of pursuing a "false" and "malicious" rape suit, as well as on the war of words between actors Justin Baldoni and Blake Lively.
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April 04, 2025
Already Lean US Trustee Program Sees 58 Take Buyouts
Dozens of employees of the United States Trustee Program have taken buyouts offered by the federal government, Law360 has learned, leaving the office at a time when experts say it is already running a lean operation and risking its ability to efficiently execute on its mission if future cuts are made.
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April 04, 2025
Azzur Creditors Call $61M DIP Rollup Excessive
The unsecured creditors of Azzur Group urged a Delaware bankruptcy judge Friday to reject a proposed $84.5 million Chapter 11 financing package, saying far too much of it is a rollup of the biotech consulting firm's pre-bankruptcy debt.
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April 04, 2025
Under The Radar: Bankruptcy News You May Have Missed
A bankruptcy judge approved the retention of a repossession agent that the trustee for Chinese exile Miles Guo used to recover a small private jet from his son, a federal court stood by a ruling that refused to let Sorrento Therapeutics shareholders probe a matter related to a former judge's romantic relationship, and shoe designer Zigi USA filed its Chapter 11 plan. These are some of the bankruptcy stories you may have missed in the last week.
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April 04, 2025
Trevor Milton Wants Nikola Corp. Ch. 11 Subpoena Quashed
Recently pardoned Nikola Corp. founder Trevor Milton asked a Delaware bankruptcy judge to reject a subpoena seeking documents from an arbitration between the former CEO and embattled electric-vehicle maker.
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April 04, 2025
Heritage Coal Gets April Hearing On Creditor Deal
A Delaware bankruptcy judge on Friday said she would hear arguments on bankrupt Heritage Coal owner KTRV's settlement with a secured lender in two weeks, overruling creditors who said they need more time to look at the deal.
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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 04, 2025
NY Youth Welfare Org Snags $9M Real Estate Bid In Ch. 11
Bankrupt youth mental health provider St. Christopher's Inc. is asking a New York bankruptcy court to approve the private sale of a 22.1 acre property for $9 million.
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April 03, 2025
Ex-Judge, Profs Ask Justices To Weigh 9th Circ. Ch. 7 Ruling
A former bankruptcy judge and five law professors have asked the U.S. Supreme Court to review a Ninth Circuit opinion protecting the state of Montana from a real estate mogul and Montana ski resort founder's bid for damages over an involuntary Chapter 7 the state initiated.
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April 03, 2025
Plastic Recycler Headed For Ch. 11 Auction In May
An Indiana plastic recycling plant can move forward with an auction next month after a Delaware bankruptcy judge said that a quick timeline was appropriate.
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April 03, 2025
Loyalty Platform Kognitiv Hits Ch. 11 With Over $10M In Debt
Customer loyalty platform Kognitiv US LLC filed for Chapter 11 on Wednesday in Delaware bankruptcy court, citing more than $10 million in liabilities with a plan to sell its assets to another loyalty platform.
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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
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
Soybean Co. Benson Hill Gets 3-Member Creditors Committee
The Office of the U.S. Trustee appointed the unsecured creditors committee in high-protein soybean developer Benson Hill Inc.'s Chapter 11 case, composing a three-member group of American Natural Processors Inc., L7 Informatics Inc. and Anaplan Inc.
Expert Analysis
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Pa. Ruling Shows Why Term Sheet Can Be Worth The Wait
A Pennsylvania bankruptcy court’s recent In re: Legarde ruling, holding that a settlement term sheet was enforceable, reminds litigants that it’s crucial to draft a written agreement before leaving mediation in order to resolve potential evidentiary issues and protect against buyer’s remorse, says Brian Shaw at Cozen O'Connor.
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Understanding Discovery Obligations In Era Of Generative AI
Excerpt from Practical Guidance
Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.
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Asserting 'Presence-Of-Counsel' Defense In Securities Trials
As illustrated by the fraud trial of FTX founder Sam Bankman-Fried, defense attorneys in securities trials might consider arguing that counsel had some involvement in the conduct at issue — if the more formal advice-of-counsel defense is unavailable and circumstances allow for a privilege waiver, say Joseph Dever and Matthew Elkin at Cozen O'Connor.
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Crypto Has Democratized Trading In Bankruptcy Claims
Following the pandemic, there has been a wave of cryptocurrency bankruptcies and a related increase in access to information, allowing nontraditional bankruptcy investors to purchase claims and democratizing a once closed segment of alternative investing, says Joseph Sarachek at Strategic Liquidity.
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The Case For Post-Bar Clerk Training Programs At Law Firms
In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.
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5 Key Tips For Attorneys In The Subchapter V Arena
Subchapter V cases present unique challenges for the nondebtor parties-in-interest, and habits developed by attorneys in typical Chapter 11 cases do not necessarily translate, meaning creditors and their counsel should quickly take a proactive role in their cases to protect their interests, which can be done by attending the 341 meeting, analyzing the plan, and more, says Kelly Singer at Squire Patton.
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Attorneys Have An Ethical Duty To Protect The Judiciary
The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.
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Why The Debt Maturity Wall Is Still A Figment, For Now
While the phenomenon of the debt maturity wall — a growing wall of staggered corporate debt maturities — has been considered a looming problem since the aftermath of the 2008 global financial crisis, it’s unlikely to have significant consequences before 2025 due to factors such as quantitative easing and evolved lending practices, says Michael Eisenband at FTI Consulting.
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AI Can Help Lawyers Overcome The Programming Barrier
Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.
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10 Essential Bankruptcy Litigation Tips For In-House Counsel
Bankruptcy litigation is a complex and multifaceted area of law that poses unique challenges for in-house counsel, and there are several tools at legal professionals' disposal, like appraisals and understanding jurisdictions, to stay well-informed and protect their companies' interests, says Alison Ashmore at Dykema.
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Preparing Law Students For A New, AI-Assisted Legal World
As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.
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Sellers Seeking Best Deal Should Focus On Terms And Price
Rising interest rates and a decline in the automotive mergers and acquisitions market mean that a failed deal carries greater stakes, and sellers therefore should pursue not only the optimum price but also the optimum terms to safeguard their agreement, says Joseph Aboyoun at Fox Rothschild.
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General Counsel Need Data Literacy To Keep Up With AI
With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.