Mid Cap

  • 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.

  • 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.

  • 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.

  • 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.

  • May 09, 2025

    Retired Supreme Court Justice David Souter Dies At 85

    Retired Justice David H. Souter, who served on the U.S. Supreme Court from 1990 to 2009, has died at 85, the court announced Friday. 

  • May 08, 2025

    Girardi's Mental Health Hearing Delayed Until June

    A California federal judge on Thursday postponed a mental health evaluation hearing for Tom Girardi meant to aid the court in sentencing the disbarred attorney for his wire fraud conviction, finding that because Girardi is hospitalized and did not waive his right to be present at the proceedings, it should not go forward as scheduled. 

  • May 08, 2025

    Under The Radar: Bankruptcy News You May Have Missed

    Newly bankrupt Rite Aid was let off the hook for multidistrict litigation over a blood pressure medication, thanks to discharges from its previous, now-closed Chapter 11. Strawberry grower Driscoll's took exception to a vertical farmer's bid to sell one of its master services agreements. And trucking company Yellow Corp. asked to conduct yet another asset sale.

  • May 08, 2025

    Calif. Apartment Owner Files Ch. 11 With $46M Debt

    The owner of a 53-unit Corona, California, apartment complex has filed for Chapter 11 protection in California bankruptcy court ahead of a foreclosure proceeding with nearly $46 million in debt.

  • May 08, 2025

    Genetics Co. Synthego Can Tap Part Of Its $50M DIP Facility

    A Delaware bankruptcy judge on Thursday granted interim approval allowing California-based gene-editing technology supplier Synthego Corp. to access a portion of its $50 million debtor-in-possession financing, which is backed by its prepetition lender, as the debtor moves forward with a sale process.

  • May 08, 2025

    Asbestos Spinoff Ch. 11 Could Upend US Law, 4th Circ. Told

    Georgia-Pacific's asbestos unit Bestwall and injury claimants on Thursday accused each other of trying to fundamentally rewrite U.S. law as they argued before the Fourth Circuit on the claimant committee's attempt to have Bestwall's Chapter 11 case thrown out of court.

  • May 08, 2025

    Biotech Co. Accelerate Diagnostics Hits Ch. 11 With Sale Plan

    Medical technology company Accelerate Diagnostics Inc. filed for Chapter 11 protection in Delaware bankruptcy court Thursday with $90.2 million of debt and a plan to sell the business to lender Indaba Capital Management for $36.9 million.

  • May 07, 2025

    Girardi Hospitalized Ahead Of Mental Evaluation Hearing

    Disbarred attorney Tom Girardi was hospitalized Wednesday for a liver problem and is unable to attend a scheduled hearing Thursday before a California federal judge who is evaluating his mental health to determine if he should be sent to prison, according to a filing with the court by his attorneys. 

  • May 07, 2025

    Texas Two-Step Takes Second Step Into Appeals Courts

    The "Texas two-step" will get its second circuit court test Thursday, as a Fourth Circuit panel takes up the question of whether Georgia-Pacific LLC's funding of the asbestos liabilities of its spinoff Bestwall LLC takes the company out of the jurisdiction of the bankruptcy court.

  • May 07, 2025

    Chubb Can't Get Archdiocese's Abuse Coverage Suit Trimmed

    A New York state court refused Wednesday to toss the Archdiocese of New York's claims for bad faith and violations of the state's deceptive trade practices law in a suit seeking coverage from Chubb units for thousands of sexual abuse lawsuits.

  • May 07, 2025

    Exactech Creditors Can't Redistribute Solicitation Packages

    A Delaware bankruptcy judge on Wednesday denied a bid from Exactech's official committee of unsecured creditors to redistribute solicitation packages sent to tort claimants, saying there was no legal basis to approve the proposed change.

  • May 07, 2025

    7 Questions For New ABI President Bruce Harwood

    Former U.S. Bankruptcy Judge Bruce A. Harwood became the president of the American Bankruptcy Institute last month after retiring in August to be closer to his family in California following more than a decade on the bench in New Hampshire.

  • May 07, 2025

    Pa. Nursing Homes Say They Can't Afford $2.7M Fraud Penalty

    A pair of Pennsylvania nursing homes convicted of defrauding state and federal healthcare programs by falsifying staff records and exaggerating patient needs said they won't be able to pay the $2.7 million penalty the government is seeking since they're severely strapped for cash.

  • May 07, 2025

    CarePoint Gets $20M More Interim DIP Financing In Ch. 11

    A Delaware bankruptcy judge Wednesday approved a bid from hospital owner CarePoint Health Systems Inc. to receive $20.5 million in funding through a sixth extension of its interim debtor-in-possession financing.

  • May 07, 2025

    Dolphin Encounter Co. Gets 2-Member Ch. 11 Committee

    The Office of the U.S. Trustee has appointed two members to the official committee of unsecured creditors in the Chapter 11 case of dolphin encounter company Leisure Investments Holdings LLC. 

  • May 07, 2025

    Canadian Asbestos Miner Seeks Ch. 15 To Wrangle Lawsuits

    A Quebec mining company asked a New York bankruptcy judge to recognize Canadian insolvency proceedings where it hopes to resolve thousands of asbestos personal injury lawsuits across multiple jurisdictions.

  • May 06, 2025

    NC Staffing Biz Hits Ch. 11 After Scuttled Merger And Delisting

    Five affiliates of a North Carolina staffing company have filed for Chapter 11 bankruptcy protection, listing debts of up to $100 million after a planned merger fell through and its stock was delisted.

  • May 06, 2025

    Toy Industry Braces For Bankruptcies Under Tariffs

    After Joann Cartiglia started designing dolls from the basement of her home two decades ago, business took off and she began selling to major retailers, adding new products to her lineup and expecting to eventually sell the company as her retirement plan.

  • May 06, 2025

    23andMe Gets WashU Law Prof For Privacy Ombudsman

    The Office of the U.S. Trustee said Tuesday it had appointed Washington University School of Law Professor Neil M. Richards as consumer privacy ombudsman in 23andMe's Chapter 11 case to vet a sale process for the genetics testing company that's slated to include millions of users' DNA information.

  • May 06, 2025

    State Officials Say CFPB Is Holding Up $4.2M Redress Checks

    Officials from a dozen states have accused the Consumer Financial Protection Bureau of ghosting them on a $4.2 million redress plan for former students of a shuttered sales-training firm, saying the agency has not cut any checks and is not answering them.

  • May 06, 2025

    Edgio's Ch. 11 Plan Disclosures Approved In Del.

    The Chapter 11 plan disclosure statement of digital content delivery company Edgio Inc. received bankruptcy court approval Tuesday in Delaware after counsel for the debtor said the documents were being presented on a fully consensual basis.

Expert Analysis

  • Inconsistent Injury-In-Fact Rules Hinder Federal Practice

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    A recent Third Circuit decision, contradicting a previous ruling about whether consumers of contaminated products have suffered an injury in fact, illustrates the deep confusion this U.S. Supreme Court standard creates among federal judges and practitioners, who deserve a simpler method of determining which cases have federal standing, says Eric Dwoskin at Dwoskin Wasdin.

  • In-House Counsel Pointers For Preserving Atty-Client Privilege

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    Several recent rulings illustrate the challenges in-house counsel can face when attempting to preserve attorney-client privilege, but a few best practices can help safeguard communications and effectively assert the privilege in an increasingly scrutinized corporate environment, says Daniel Garrie at Law & Forensics.

  • Collecting Rare Books Makes Me A Better Lawyer

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    My collection of rare books includes several written or owned by prominent lawyers from early U.S. history, and immersing myself in their stories helps me feel a deeper connection to my legal practice and its purpose, says Douglas Brown at Manatt Health.

  • Judge Should Not Have Been Reprimanded For Alito Essay

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    Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.

  • Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example

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    Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.

  • Ch. 11 Ruling Confirms Insurer Standing Requirements

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    A New York bankruptcy court's recent decision in the Syracuse Diocese's Chapter 11 case indicates that insurers have misread the U.S. Supreme Court’s 2024 ruling in Truck Insurance Exchange v. Kaiser Gypsum and that federal standing requirements remain unaltered, say attorneys at Lowenstein Sandler.

  • AI Will Soon Transform The E-Discovery Industrial Complex

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    Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.

  • When Innovation Overwhelms The Rule Of Law

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    In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.

  • Adventure Photography Makes Me A Better Lawyer

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    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.

  • How Ch. 11 Can Alleviate Merchant Cash Advance Concerns

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    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.

  • 5 Ways To Create Effective Mock Assignments For Associates

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    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.

  • 8 Lessons Yellow Corp. Layoffs Can Teach Distressed Cos.

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    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.

  • Mentorship Resolutions For The New Year

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    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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