Mid Cap
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April 29, 2025
23andMe Agrees To Privacy Ombudsman In Ch. 11
A Missouri bankruptcy judge on Tuesday signed off on a consumer privacy watchdog for 23andMe's Chapter 11 after the genetic testing group and 30 states agreed that a statutorily authorized ombudsman would be the best way to vet a Chapter 11 sale that includes 15 million users' DNA information.
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April 29, 2025
ABI Meeting Tackles Economy, Real Estate And AI
From commercial real estate distress and artificial intelligence in billing to current economic uncertainty, the American Bankruptcy Institute's annual spring meeting brought together lawyers, judges, scholars, financial professionals and others to discuss a range of topics.
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April 29, 2025
Benson Hill DIP Lenders Approved As Stalking Horse Bidder
A Delaware bankruptcy judge on Tuesday allowed high-protein soybean developer Benson Hill Inc. to designate its debtor-in-possession lenders as the stalking horse bidder in its Chapter 11 sale process, with the lenders intending to credit bid their $11 million DIP loan to purchase the company.
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April 29, 2025
Alex Jones Wants High Court Look At $1.3B Sandy Hook Case
Bankrupt Infowars host Alex Jones will ask the U.S. Supreme Court to invalidate a mammoth libel judgment that families of Sandy Hook shooting victims secured against him and his company over his conspiratorial broadcasts calling the massacre a hoax, he told a Connecticut appellate court in seeking to extend a pause on the payout.
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April 29, 2025
Pa. Attorney Gets 1 Year In Prison For Bankruptcy Fraud
A suspended attorney in the Philadelphia suburbs has been sentenced to a year and a day in prison after being convicted by a federal jury of participating in fraudulent schemes that involved stealing a house from a deceased couple's family.
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April 29, 2025
Chicken Joint Sticky's Gets $2M Sale After Turnaround Woes
Chicken restaurant Sticky's won a Delaware bankruptcy judge's tentative permission Tuesday to sign a contract to sell its assets to an investment fund for $2 million after surging poultry prices and New York City's congestion pricing program imperiled the company's Chapter 11 turnaround plan.
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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.
Expert Analysis
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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.
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Rite Aid's Reasons For Ch. 11 Go Beyond Opioid Suits
Despite opioid-related lawsuits being the perceived reason that pushed Rite Aid into bankruptcy, the company's recent Chapter 11 filing reveals its tenuous position in the pharmaceutical retail market, and only time will tell whether bankruptcy will right-size the company, says Daniel Gielchinsky at DGIM Law.
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Navigating Discovery Of Generative AI Information
As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.
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Finding Focus: Strategies For Attorneys With ADHD
Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.
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A Look At DOJ's New Nationwide Investment Fraud Approach
Investment fraud charges are increasingly being brought in unlikely venues across the country, and the rationale behind the U.S. Department of Justice's approach could well be the heightened legal standards in connection with prosecuting investment fraud, says Jonathan Porter at Husch Blackwell.
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Decoding The Digital Asset Landscape In Bankruptcy
Recent cases show the explosion of cryptocurrency as an asset class has created new challenges for debtors-in-possession, bankruptcy trustees, and federal and state receivers, and fiduciaries will have to consider a number of legal and practical considerations when determining how to manage these assets in insolvency, say David Castleman at Otterbourg and Anthony Facciano at Stretto.
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How Fla. Bankruptcy Ruling May Affect Equity Owners
A Florida bankruptcy court’s recent ruling in Vital Pharmaceuticals — which rejected the Third Circuit’s Majestic Star decision that determined a bankrupt corporation’s flow-through status was not protected by the automatic stay — may significantly affect how equity owners can mitigate the impact of flow-through structures in bankruptcy, say Eric Behl-Remijan and Natasha Hwangpo at Ropes & Gray.
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Calif. Ruling May Open Bankruptcy Trustees To Tort Liability
In Martin v. Gladstone, a recent California appellate court decision, the application of tort concepts to bankruptcy trustees could pose a new concern for trustees and federal receivers when controlling and maintaining commercial property, says Jarrett Osborne-Revis at Buchalter.
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Co. Directors Must Beware Dangers Of Reverse Factoring
New accounting requirements governing the disclosure of so-called reverse-factoring programs have revealed billions of dollars worth of hidden liabilities on companies’ ledgers, and directors of corporate boards should review their companies’ books for this hidden danger, say Garland Kelley at Looper Goodwine, Amin Al-Sarraf at Locke Lord and Jill Basinger at Discovery Land.