Mid Cap
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May 05, 2025
Crypto Miner Objects To Celsius Sanctions Try In Ch. 11 Case
Crypto mining company Mawson Infrastructure Group Inc. asked a Delaware bankruptcy judge to throw out an attempt by Celsius Network to impose sanctions on Mawson in the company's involuntary Chapter 11 case, saying its failed bid to extend an automatic stay to its subsidiaries was performed in good faith.
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May 05, 2025
Exactech Committee Calls Foul On Ch. 11 Voting Packages
The official committee of unsecured creditors in Exactech Inc.'s Chapter 11 case told a Delaware bankruptcy judge that the company's solicitation packages sent to tort claimants violate court-approved procedures by requiring them to submit five separate ballots for their votes to be counted.
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May 05, 2025
Coal Miner Says It Must Liquidate Without Creditor Deal
Counsel for the owners of Heritage Coal told a Delaware bankruptcy judge on Monday that if secured and unsecured creditors cannot reach a deal by Tuesday, the company will have to move to convert its bankruptcy from a Chapter 11 to a Chapter 7 liquidation.
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May 02, 2025
Under The Radar: Bankruptcy News You May Have Missed
Conspiracy theorist Alex Jones asked a Texas bankruptcy court to restart the auction for his Infowars assets. Restaurant chain TGI Fridays requested additional time to file its Chapter 11 plan without any competing proposals. And the state of Ohio objected to a motion from U.S. Gypsum to reopen its Chapter 11 case nearly 20 years after its plan was confirmed.
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May 02, 2025
Paper Towel Co. Gets OK For $10M Ch. 11 Financing
Arizona-based Royal Interco LLC, which supplies private-label paper products for grocery chains including Trader Joe's and Aldi, was given final approval on Friday from a Delaware bankruptcy judge to access a $10 million debtor-in-possession loan facility as the company moves toward a Chapter 11 auction.
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May 02, 2025
Meet The Attorneys Guiding Balkan Express' Ch.11
A team of lawyers from Bonds Ellis Eppich Schafer Jones LLP is leading the bankruptcy case of Texas-based transportation company Balkan Express, as the company plans to sell its assets through Chapter 11 proceedings.
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May 02, 2025
JC Penney Says Emails Show Jackson Walker Hid Romance
The wind down estate of J.C. Penney beefed up its allegations that Jackson Walker covered up a relationship between a former bankruptcy partner and Texas bankruptcy judge in an updated lawsuit to recover over $1 million in legal fees from its 2020 Chapter 11, shedding light on the firms emails with a public relations firm and outside ethics counsel.
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May 02, 2025
NJ Bankruptcy Judges May Be Tapped As Unpaid Mediators
Bankruptcy judges may be among the jurists called upon to mediate New Jersey federal court cases without compensation, according to a proposed amendment to court rules.
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May 02, 2025
The Supreme Court's Week: By The Numbers
The U.S. Supreme Court heard arguments in five cases this week, including over whether states can exclude private religious schools from charter school programs and if disabled children must meet a more stringent standard when seeking relief for educational discrimination, while issuing two decisions involving extra payments due hospitals and military reservists. Here, Law360 Pulse takes a data-driven dive into the week that was at the U.S. Supreme Court.
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May 02, 2025
Convicted Ex-Sacks Weston Atty Gets Early End To Probation
A Pennsylvania federal judge has granted the request of a Philadelphia lawyer sentenced in 2023 to prison and supervised release for resolving cases behind the back of his former firm to be let out of probation early.
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May 02, 2025
23andMe Says 1.3M Customers Have Asked To Delete Data
23andMe executives told a meeting of creditors Friday that more than 1.3 million customers have asked the DNA testing company to cancel their accounts and delete their genetic information since it entered Chapter 11.
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May 02, 2025
Manhattan Condo Developer Hits Ch. 11 With $32M Debt
The owner of a 32-unit Manhattan condominium building has filed for Chapter 11 protection in the face of a foreclosure sale, saddled with $32 million in mortgage debt.
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May 01, 2025
Unlockd Tells 9th Circ. Google Harms Ad Market Competition
A defunct advertising app that alleged Google's decision to boot it from the Google Play Store harmed market competition for digital advertising asked the Ninth Circuit to reinstate its claims, arguing Wednesday the lower court wrongly concluded that eliminating a "nascent competitor" in a large market didn't rise to antitrust injury.
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May 01, 2025
Litigation Funder Virage Pursues Mass Tort Atty In Ch. 11
Mass tort attorney Truett Akin IV is being pursued in his Texas bankruptcy case by his largest creditor, an affiliate of litigation funder Virage Capital Management LP, which this week sought to force Akin to liquidate and accused him of diverting to himself some litigation proceeds he owed to Virage instead.
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May 01, 2025
Publishers Clearing House Plans June Sale For Company
A New York bankruptcy judge on Thursday gave Publishers Clearing House permission to keep the prize checks flowing as attorneys for the sweepstakes business said they hope to close the sale of the company by the end of June.
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May 01, 2025
Texas Trucking Co. Hits Ch. 11 With Over $25M In Debt
Balkan Express, a transportation company based in Fort Worth, Texas, has launched a bankruptcy case with debt exceeding $25 million.
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May 01, 2025
Paul Hastings, GenapSys Settle Calif. Legal Malpractice Suit
The legal malpractice suit in which gene sequencing company GenapSys Inc. argued Paul Hastings LLP caused GenapSys' bankruptcy appears to have been settled.
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May 01, 2025
Meet The Attys Helping Chiaro Seek Ch. 15 Recognition
British women's healthtech company Chiaro Technology Ltd. is relying on three attorneys from DLA Piper LLP as it seeks recognition of its insolvency in the United Kingdom by a Delaware bankruptcy court.
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May 01, 2025
E-Commerce Service Provider Digital River Files For Ch. 7
Digital River Marketing Solutions Inc., an e-commerce services firm based in Minnesota, filed for Chapter 7 on Thursday, citing approximately $45.2 million in secured debt and less than $50,000 in assets.
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April 30, 2025
Shareholders Seek Broader Investigation In Silvergate Ch. 11
A group of investors in the bankrupt parent of Silvergate Bank have asked a Delaware bankruptcy judge to broaden the scope of a court-ordered probe of potential litigation claims against insiders after an examiner found flaws in the debtor's internal investigation.
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April 30, 2025
Akoustis Gets OK For $30M Sale To SpaceX Subsidiary
A Delaware bankruptcy judge has approved a $30 million sale of some of the assets of radio frequency filter maker Akoustis Technologies to a SpaceX subsidiary after the debtor reached an agreement with a competitor that had concerns about trade secrets possibly being sold.
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April 30, 2025
Meet The Attys Leading Creativemass' Ch. 11
A team of lawyers from Pashman Stein Walder Hayden PC is leading the bankruptcy case of Creativemass, the developer of a wealth management software app, as the business looks to wind down after its Australian parent company collapsed last year.
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April 30, 2025
McDonald's Operator Loses Assault Suit Coverage Appeal
Two insurers were correct to deny coverage for a former Pittsburgh-area McDonald's franchisee in a lawsuit accusing it of failing to stop a supervisor from sexually harassing and assaulting underage employees, since the litigation that sent it into bankruptcy fell under exceptions to the insurance policies, a Third Circuit panel ruled Wednesday.
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April 30, 2025
Texas Panel Backtracks In Nate Paul's Receiver Row
A Texas appellate court revoked its prior ruling and backed a lower court ruling that allowed an attorney acting as a receiver in one suit to take over as counsel in another suit for a company belonging to real estate investor Nate Paul, permanently dismiss its claims and counterclaims, and reach a settlement.
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April 29, 2025
Catching Up With New Bankruptcy Case Action
A biotechnology firm that develops specialized molecules called it quits after 24 years. Two memory care facilities hit Chapter 11, marking the second and third such operations in their owner's portfolio to do so in less than a year. And an Italian restaurant chain headed back to bankruptcy court for its third time.
Expert Analysis
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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.
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Playing Diplomacy Makes Us Better Lawyers
Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.
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Mental Health First Aid: A Brief Primer For Attorneys
Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.
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AI May Limit Key Learning Opportunities For Young Attorneys
The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.
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Considering Possible PR Risks Of Certain Legal Tactics
Disney and American Airlines recently abandoned certain litigation tactics in two lawsuits after fierce public backlash, illustrating why corporate counsel should consider the reputational implications of any legal strategy and partner with their communications teams to preempt public relations concerns, says Chris Gidez at G7 Reputation Advisory.
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It's No Longer Enough For Firms To Be Trusted Advisers
Amid fierce competition for business, the transactional “trusted adviser” paradigm from which most firms operate is no longer sufficient — they should instead aim to become trusted partners with their most valuable clients, says Stuart Maister at Strategic Narrative.
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Expect More Restaurant Ch. 11s As COVID Debt Comes Due
The wave of restaurant bankruptcies is likely to continue in the coming months as companies face the looming repayment of COVID-19 pandemic-era government loans, an uncertain economy and increased interest rates, says Isaac Marcushamer at DGIM Law.
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Mitigating Risk In Net Asset Value Facility Bankruptcies
In times of economic turbulence, parties to bankruptcy proceedings that involve net asset value facilities can mitigate risk by understanding the purpose of the automatic stay, complications it can create for NAV facility lenders and options for relief, say attorneys at Mayer Brown.
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Tax Traps In Acquisitions Of Financially Distressed Targets
Excerpt from Practical Guidance
Parties to the acquisition of an insolvent or bankrupt company face myriad tax considerations, including limitations on using the distressed company's tax benefits, cancellation of indebtedness income, tax lien issues and potential tax reorganizations.
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7 Steps To Take Before Responding To Claim Objections
Excerpt from Practical Guidance
When counsel is notified of an objection to the proof of claim in a bankruptcy case, they should contact the client and begin discussing the cost and benefit of responding.