Mid Cap
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May 13, 2025
Tariffs Blamed For Upstart Wine And Spirits Co.'s Bankruptcy
Oracles Capital Inc., a Florida-based wine and spirits brand investor, filed for bankruptcy in Delaware to quickly sell its assets, saying macroeconomic conditions and wine import tariffs have prevented it from raising new money.
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May 13, 2025
Vegan Restaurant Chain Planta Hits Ch. 11 With Sale Plans
Vegan restaurant chain Planta Group has filed for Chapter 11 protection in Delaware, listing up to $50 million in debt and saying it intends to sell the business as part of the bankruptcy process.
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May 12, 2025
Kaneka Loses Bid To Sue Danimer Amid Bankruptcy
A Delaware bankruptcy judge on Monday rejected Japanese chemical company Kaneka's request to lift a stay on litigation against U.S.-based plastics alternative maker Danimer Scientific Inc., finding it would harm the debtor.
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May 12, 2025
Young Conaway Asks To Exit Tech Firm IronNet's Ch. 11
Young Conaway Stargatt & Taylor LLP asked a Delaware bankruptcy judge to let it withdraw from representing reorganized cybersecurity firm IronNet in its Chapter 11, citing rules that let lawyers cut ties if a case creates a financial burden or a client isn't living up to their obligations.
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May 12, 2025
Dormify Must 'Get It Together' In Ch. 11, Judge Says
A Delaware bankruptcy judge on Monday refused to shoot down Google's opposition to bankrupt dorm room decor supplier Dormify's bid to sell its assets to Williams Sonoma, finding the debtor had failed to present any evidence that could settle its dispute with the technology giant.
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May 12, 2025
US Trustee Challenges AgileThought's Dual Counsel Plan
The U.S. Trustee's Office has objected to a proposal from the wind-down administrator of technology firm AgileThought to share its special litigation counsel, Grant & Eisenhofer, with the company's prepetition lender and the buyer of its assets, Blue Torch Finance LLC.
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May 12, 2025
TreeSap Farms Cleared For $88M Ch. 11 Sale To CEO
The bankrupt landscape plant grower TreeSap Farms LLC won a bankruptcy court's permission Monday to sell its assets to a buyer controlled by its CEO for $88 million in cash, plus the assumption of nearly $24 million of pre- and post-petition trade payables and the retention of all existing employees.
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May 12, 2025
Calif. Hotel Operator Gets Deal To Avoid Ch. 11 Dismissal Bid
A Delaware bankruptcy judge has signed off on a settlement in the Chapter 11 case of California hotel operator MOM CA that calls for two creditors that accused the debtor of fraud to hold off on their motion to dismiss the case, with the hospitality firm agreeing to support the creditors' efforts to propose a reorganization plan.
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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
23andMe DNA Data Sale In Ch. 11 Tests Ombudsmen's Reach
23andMe's high-stakes plan to sell customers' genetic data in bankruptcy is poised to test the limits of court-appointed consumer privacy advocates in Chapter 11 and the 20-year-old law that created them, as concerns mount over how the potentially novel deal will affect highly sensitive personal information.
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May 12, 2025
Will Justices Finally Rein In Universal Injunctions?
The U.S. Supreme Court is expected to address for the first time Thursday the propriety of universal injunctions, a tool federal judges have increasingly used to broadly halt presidential orders and policy initiatives, and whose validity has haunted the high court's merits and emergency dockets for more than a decade.
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May 12, 2025
Atlantic City Timeshare Biz Hits Ch. 11 Amid Class Litigation
Flagship Resort Development Corp., a prominent seller of timeshares around the Atlantic City Boardwalk, has filed for Chapter 11 protection in New Jersey bankruptcy court, in the face of mounting pressures from class actions brought by timeshare unit owners.
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May 12, 2025
Lowenstein Wins Bid To Combine Dispensary Suits In NJ
A New Jersey state judge agreed Monday to Lowenstein Sandler LLP's request to have a pair of cases related to a dispute between the firm and a local cannabis dispensary consolidated.
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May 09, 2025
Real Estate Recap: 'Preposterous' Rule, MoFo On Debt, Big 4
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including attorney views of a U.S. Securities and Exchange Commission rule affecting real estate, one BigLaw leader's insights into new debt funds, and what the four largest brokerages said about 2025's first quarter.
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May 09, 2025
Pa. Top Court Snapshot: Cap & Trade, Prosecutor Power
The scope of powers held by the Pennsylvania governor, the attorney general, and state and local utility authorities will take center stage in Harrisburg when the state Supreme Court convenes for its May session.
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May 09, 2025
Trustees Can't Charge Fees In Tossed Ch. 13s, 2nd Circ. Says
A standing Chapter 13 trustee in the Eastern District of New York must return some $20,000 in fees from a dismissed bankruptcy, the Second Circuit ruled Friday, holding trustees are not entitled to charge a percentage fee on payments a debtor makes unless a plan is confirmed.
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May 09, 2025
No Sanctions For Bankrupt Crypto Miner In Celsius Row
A Delaware bankruptcy judge declined Friday to impose sanctions on cryptocurrency mining company Mawson Infrastructure Group, saying she was unconvinced by Celsius Network's allegations that the involuntary debtor acted in bad faith.
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May 09, 2025
Brightmark Parent's $14.25M Bid Favored Over Higher Offer
A $14.25 million bid from the parent company of a bankrupt Indiana plastics recycling plant was chosen as the winning offer for the facility, despite being valued at $250,000 less than a competing bid from the debtor's bondholders that would have liquidated the facility.
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May 09, 2025
What's Happening In Bankruptcy Court This Coming Week
Delaware bankruptcy judges will weigh the Chapter 11 plan disclosures of Forever 21 and telecom company Ligado Networks, a collection of asset sales proposed by bankrupt trucking company Yellow Corp., as well as Danimer Scientific Inc.'s stalking horse sale to a polymer supplier.
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May 09, 2025
Sandy Hook Families Want Alex Jones To Pay Up Amid Appeal
A Connecticut appeals court should not extend a stay on the enforcement of a $1.3 billion judgment against bankrupt Infowars host Alex Jones while he brings his case to the U.S. Supreme Court, the families of Sandy Hook shooting victims said in opposition to his pending motion, arguing that his newly raised constitutional claims are late and meritless.
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May 09, 2025
Souter's Clerks Remember Him As Humble, Kind And Caring
Former clerks of retired U.S. Supreme Court Justice David H. Souter are heartbroken over the death of a man many of them remember more for his conscientiousness, humility, kindness and disdain for the spotlight than for his undeniable brilliance as a jurist.
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May 09, 2025
Hiker And 'Raconteur': Atty Recalls 50-Year Bond With Souter
Behind a towering legal legacy was a man who loved to hike mountains, could recall details of things he read decades ago and was always there for those he cared about, a New Hampshire attorney said as he reflected on a lifelong friendship with U.S. Supreme Court Justice David Souter.
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May 09, 2025
A Look At David Souter's Most Significant Opinions
The retired Justice David Souter defied simple definition, viewed as a staunch conservative until he co-wrote an opinion upholding abortion rights in 1992. He did not hew to partisan lines, but reshaped the civil litigation landscape and took an unexpected stand in an extraordinarily close presidential election.
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May 09, 2025
Justice Souter Was An Unexpected Force Of Moderation
Justice David Souter, who saw the high court as a moderating force apart from the messiness of politics, subverted the expectations of liberals and conservatives alike during his 19 years on the bench.
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May 09, 2025
Government IT Contractor Gets OK For June Ch. 11 Auction
A New York bankruptcy judge on Friday gave government information technology contractor Sysorex Government Services permission for a June auction of its business over the objections of the U.S. Trustee's Office, which is arguing the case is being heard in the wrong venue.
Expert Analysis
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Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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How Ch. 11 Can Alleviate Merchant Cash Advance Concerns
Merchant cash advance funding is one of the biggest challenges for small businesses today because funders are so prevalent, aggressive and expensive, but bankruptcy can provide several tools for dealing with MCA agreements that may allow the debtor business to restructure and survive, says Patricia Fugée at FisherBroyles.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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8 Lessons Yellow Corp. Layoffs Can Teach Distressed Cos.
A Delaware bankruptcy court’s recent decision, examining trucking company Yellow Corp.’s abrupt termination of roughly 25,500 employees, offers financially distressed businesses a road map for navigating layoffs under the Worker Adjustment and Retraining Notification Act, say attorneys at King & Spalding.
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.
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Playing Rugby Makes Me A Better Lawyer
My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.
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No, Litigation Funders Are Not 'Fleeing' The District Of Del.
A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.
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5 E-Discovery Predictions For 2025 And Beyond
In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.
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7 Ways 2nd Trump Administration May Affect Partner Hiring
President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.
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E-Discovery Quarterly: Rulings On Custodian Selection
Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.