Mid Cap
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April 29, 2025
Mexican Dolphin Experience CEO Denies Armed Takeover
The management of the Mexican affiliate of bankrupt aquatics park operator The Dolphin Co. on Tuesday told a Delaware bankruptcy judge that oversight of the affiliate is in dispute and that an armed confrontation alleged by the debtors involved police expelling trespassers.
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April 29, 2025
US Trustee Opposes Special Counsel Bid In Hotel Co.'s Ch. 11
The U.S. Trustee's Office asked a Delaware bankruptcy judge to reject a bid by the owner and operator of a hotel in Southern California to retain Buchalter PC in the hospitality company's Chapter 11 plan, saying the firm is disqualified.
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April 28, 2025
Akoustis Says $39M Ch. 11 Sales Don't Include Trade Secrets
Radio frequency filter maker Akoustis Technologies told a Delaware court that it should be allowed to move forward with planned sale transactions because concerns about trade secrets being improperly included in the assets to be sold have been addressed by a "cleansing" process.
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April 28, 2025
Imerys Ch. 11 Trial Abruptly Paused, Celsius Seeks Sanctions
Talc producer Imerys is nearing Chapter 11 plan confirmation after a trial commenced; a plan administrator for Celsius moved to impose sanctions in another crypto firm’s bankruptcy; and Prospect Medical secured court approval to close two facilities.
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April 28, 2025
Google Claims Row Delays Dormify's Ch. 11 IP Asset Sale
A dispute over a $600,000 claim from Google led bankrupt dorm room furnishing retailer Dormify Inc. to delay approval of a sale of its intellectual property assets to Williams-Sonoma Inc. Monday to give the debtor time to resolve the conflict.
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April 28, 2025
DMK's Ch. 11 Overdose Drug Complaint Survives In Del.
A Delaware bankruptcy judge found that drug distributor US WorldMeds must face an adversary complaint from DMK Pharmaceuticals, which had accused the distributor of inadequate marketing of one of its products.
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April 28, 2025
Syracuse Diocese Strikes $61M In Deals With Insurers
The Roman Catholic Diocese of Syracuse informed a New York bankruptcy judge that it has reached nearly $61 million in settlements with its insurance carriers to fund a trust for child sexual abuse claims in the diocese's Chapter 11 plan.
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April 28, 2025
'Shake & Bake': 4th Circ. Cites Ricky Bobby In NASCAR Ruling
The Fourth Circuit on Monday called back to the satirical cult classic "Talladega Nights: The Ballad of Ricky Bobby" in finding the former owners of a NASCAR team must cover the cost of a settlement involving a bank lien on their charter after they sold it to new owners.
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April 28, 2025
Nikola Seeks Court OK For $9M Climate-Credit Sale Process
Electric truck maker Nikola Corp. has asked a Delaware bankruptcy judge to approve a sale process for environmental credits the company earned by selling zero-emission vehicles, saying it has secured an $8.97 million bid that will set a floor price for the assets.
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April 28, 2025
Gibson Dunn Bankruptcy Pro Joins Cleary In NY
A former Gibson Dunn & Crutcher LLP attorney known for his work on high-profile restructurings has joined Cleary Gottlieb Steen & Hamilton LLP's New York office as a partner, the firm announced Monday.
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April 28, 2025
Scanrock Files Plan To Pay Debt With Property Sales
Hydrocarbon driller Scanrock Oil & Gas on Monday filed its Chapter 11 plan with a Texas bankruptcy court, saying it plans to pay off its secured lenders with the sale of its Oregon ranch and other creditors with other real estate sales and exit financing.
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April 28, 2025
Meet The Attys Helping Excell Communications During Ch. 11
Excell Communications Inc., a telecommunications infrastructure developer, has tapped lawyers from Uniondale, New York-based firm Ruskin Moscou Faltischek PC to aid its journey through Chapter 11 as the company seeks to focus on project management after it lost a key business relationship.
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April 28, 2025
Union Tells 3rd Circ. Healthcare Fight Belongs In Arbitration
A Pennsylvania federal judge properly concluded that a healthcare dispute between a power plant operator and an International Brotherhood of Electrical Workers local was arbitrable, the union said, asking the Third Circuit to uphold the judge's decision to send the fight to arbitration.
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April 25, 2025
Real Estate Recap: Q1 Hospo Deals, Data Center Speculation
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including the law firms that guided the largest global hospitality mergers and acquisitions of the first quarter, and how local utilities are attempting to weed out data center speculators.
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April 25, 2025
CFPB Abandons $2.25M Student Loan Trust Deal, Drops Case
The Consumer Financial Protection Bureau on Friday voluntarily dismissed its long-running debt collection practices suit against the National Collegiate Student Loan Trusts, abandoning a $2.25 million proposed settlement that had been held up by objectors.
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April 25, 2025
Celsius Seeks Sanctions Against Crypto Miner In Ch. 11
The plan administrator for defunct cryptocurrency platform Celsius Network has asked a Delaware bankruptcy judge to impose more than $352,000 of sanctions on a crypto mining company, alleging it is opposing an involuntary Chapter 11 petition Celsius filed against it while also trying to use the bankruptcy stay to stymie arbitration proceedings against a subsidiary.
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April 25, 2025
Under The Radar: Bankruptcy News You May Have Missed
Tupperware looked for permission to end healthcare reimbursements for roughly 230 employees; Heritage Coal's owners asked a Delaware bankruptcy judge to allow the company to complete a permit transfer as part of a pre-Chapter 11 sale; and Film Finance Inc., behind productions including "Everything Everywhere All At Once," sought to have its Chapter 11 case dismissed. Here are some of the bankruptcy stories you may have missed last week.
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April 25, 2025
Ch. 15 Rulings Boost Possibility Of Purdue Workarounds
Two recent bankruptcy court decisions that approved nonconsensual third-party releases have spotlighted a growing divide between the relief available to debtors in foreign restructurings and Chapter 11, signaling that struggling companies may attempt to use Chapter 15 to evade the U.S. Supreme Court's Purdue Pharma ruling.
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April 25, 2025
US Trustee Says Benson Hill Can't Seal Exec Bonus Info
The U.S. Trustee's Office on Friday asked a Delaware bankruptcy judge to reject bankrupt soybean company Benson Hill's request to seal the names of executives it wants to pay bonuses to, along with the amounts it wants to pay.
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April 25, 2025
Packable Creditors Say Deal Sets Aside $17M Recovery
The official committee of unsecured creditors in e-commerce firm Packable Holdings' Chapter 11 has asked the Delaware bankruptcy court to approve its settlement with the debtor's founders and insurers to resolve breach of fiduciary duty claims, allowing the unsecured creditors to recover more than $17 million in cash.
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April 25, 2025
NJ Atty Sues Former Partner Over Diverted Fee Awards
A New Jersey attorney sued his onetime debt collection defense law partner in Union County Superior Court this past week alleging that the former partner kept fee awards owed to the firm for himself as the partnership collapsed and the firm faced financial troubles.
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April 25, 2025
The Supreme Court's Week: By The Numbers
The justices heard arguments in five cases this week, including one over instruction on sexuality in public schools and another over the Affordable Care Act's requirement that insurers provide free preventive care, while issuing one decision that self-deportation windows for unauthorized migrants don't expire on weekends. Here, Law360 Pulse takes a data-driven dive into the week that was at the U.S. Supreme Court.
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April 25, 2025
ENGlobal Cleared To Sell Itself In Ch. 11
A Texas bankruptcy judge Friday said he would sign off on the sale of construction and engineering group ENGlobal Corp. to its debtor-in-possession lender upon the uploading of a new order resolving an objection by the federal government.
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April 25, 2025
Bertucci's Says Uncertain Economy Sparked Latest Ch. 11
Italian food chain Bertucci's filed for bankruptcy protection for the third time since 2018, telling a Florida bankruptcy court it is over $32 million in debt and dealing with industry headwinds and the "unanticipated deterioration" of the U.S. economy.
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April 24, 2025
3rd Circ. Revives Sanctions For Undisclosed Bankruptcy Fees
Citing a "legal question of significant public importance," a Third Circuit Court of Appeals panel on Thursday reversed a district court's reversal of a bankruptcy judge's sanctioning of Spector Gadon Rosen & Vinci PC for pursuing additional fees initially undisclosed to the court from a bankrupt couple after agreeing to a flat amount.
Expert Analysis
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Striking A Balance Between AI Use And Attorney Well-Being
As the legal industry increasingly adopts generative artificial intelligence tools to boost efficiency, leaders must note the hidden costs of increased productivity, and work to protect attorneys’ well-being while unlocking AI’s full potential, says Ed Sohn at Factor.
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Being An Artist Makes Me A Better Lawyer
My work as an artist has highlighted how using creativity and precision together — qualities that are equally essential in both art and law — not only improves outcomes, but also leads to more innovative and thoughtful work, says Sarah La Pearl at Segal McCambridge.
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Bankruptcy Decision Exemplifies Venue Issue For Franchisees
A California bankruptcy court's decision earlier this month in Pinnacle Foods and a lingering circuit split on assumption of executory franchise contracts highlights the issue of whether franchisee debtors can qualify for case venue in friendlier circuits, says David Gamble at Parkins Rubio.
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Lawyers With Disabilities Are Seeking Equity, Not Pity
Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.
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Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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What Being An 'Insider' Means In Ch. 11, And Why It Matters
As borrowers grapple with approaching near-term maturities on corporate debt, lenders should be proactive in mitigating the risks of being classified as an insider in potential bankruptcies, including heightened scrutiny, preference risk, plan voting and more, say David Hillman and Steve Ma at Proskauer.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Navigating The Bankruptcy Terrain After Purdue Pharma
The U.S. Supreme Court’s June ruling in Harrington v. Purdue Pharma is having a significant impact on bankruptcies, with recent cases addressing nonconsensual third-party releases and opt-out mechanisms, and highlighting strategies practitioners can employ to avoid running afoul of the decision, say Brett Axelrod and Agostino Zammiello at Fox Rothschild.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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How 9th Circ. Ruling Expands Bankruptcy Trustees' Powers
The Ninth Circuit recently held in The Lovering Tubbs Trust v. Hoffman that a trustee can avoid intentionally fraudulent transfers, even if no creditor suffered harm as a result, materially strengthening bankruptcy trustees' powers, say Robert Klyman and Rod Kazempour at DLA Piper.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.
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8 Childhood Lessons That Can Help You Be A Better Attorney
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.