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Bankruptcy

  • October 15, 2018

    21st Century Oncology Gets Stipulated Dismissal of FCA Suit

    The U.S. Department of Justice and a Florida whistleblower agreed Monday to drop their False Claims Act suit against bankrupt 21st Century Oncology Inc. over an allegedly dirty $2.5 billion contract linked to Florida Gov. Rick Scott, after a parallel adversary proceeding in Florida bankruptcy court was tossed in May.

  • October 15, 2018

    Nine West Creditors Ask To Sue Sycamore For LBO Losses

    The unsecured creditors of Nine West Holdings Inc. on Saturday asked a New York bankruptcy court for permission to file more than $1 billion in claims against company owner Sycamore Partners for allegedly stripping the company’s assets and sending it into Chapter 11.

  • October 15, 2018

    Gender Disparity At The High Court: How Top Law Firms Measure Up

    For the women at elite law firms, an enduring gender gap among advocates can create a high hurdle for their high court ambitions. Here, Law360 looks at the law firms where women score Supreme Court arguments, and where they don’t. (This article is part of a series examining the gender gap among high court advocates.)

  • October 15, 2018

    Treasury Must Hand Over 60 More Docs In Auto Pension Suit

    A D.C. federal judge on Monday ordered the U.S. Department of the Treasury to hand over 60 more documents related to the 2009 bailout of General Motors as part of a dispute between current and former salaried workers for Delphi Corp. and the Pension Benefit Guaranty Corp. over an alleged deal with GM that cut their pension fund.

  • October 15, 2018

    Sears Authorized To Tap DIP Loan In 1st Day Of Ch. 11

    Sears Holdings Corp. accomplished an early set of goals Monday shortly after announcing it had filed for bankruptcy to reshape its physical footprint and reduce a debt load of more than $11 billion, receiving court permission to access $300 million in new financing from its existing lenders.

  • October 15, 2018

    Sears Files Ch. 11 In NY With Sale, Store Closing Plans

    Hours away from a major default and facing pressure to liquidate, Sears Holdings Corp. took its long-struggling retail chain into bankruptcy court early Monday with more than $11 billion in debt and plans to sell assets.

  • October 12, 2018

    Will The Future Of The Supreme Court Bar Be Female?

    While women have made significant inroads into the elite world of U.S. Supreme Court advocacy, last term the number of women arguing at the court hit a decade low. Was it an off year? Or a sign of progress stalled? (This article is the first in a series examining the gender gap among high court advocates.)

  • October 12, 2018

    Supreme Court Women: A Vet & 1st-Timer Talk Gender Disparity

    In exclusive on-camera interviews with Law360, the most prolific female U.S. Supreme Court advocate of the past decade and a first-timer reflect on the status of women in a field still dominated by men. (This article is part of a series examining the gender gap among high court advocates.)

  • October 12, 2018

    Exco Investors Accused Of Staving Off Its Bankruptcy

    Two secured creditors of bankrupt petroleum driller Exco Resources Inc. hit a group of fellow secured creditors with an adversary proceeding on Friday, alleging units of Fairfax Financial Holdings Ltd. and Bluescape Group abused their insider status for years to saddle Exco with the onerous loans that led to its collapse.

  • October 12, 2018

    Cobalt Investors Seek $147M Deal In Angolan Oil Bribe Row

    A class of Cobalt International Energy investors urged a Texas federal judge Friday to approve a $146.9 million settlement in a securities suit claiming the now-bankrupt company bribed Angolan officials and made misrepresentations that cost the investors billions.

  • October 12, 2018

    Sears' Property Tax Breaks Unearned, School District Claims

    A suburban Chicago school district has sued Sears Holding Corp. ahead of its expected bankruptcy, telling an Illinois state court that the struggling retailer has diverted tens of millions of dollars from local schools through property tax breaks that didn't live up to job creation promises.

  • October 12, 2018

    J&M Deal To Keep 85 Stores Open Moves Ahead In Del. Ch. 11

    A transaction that will keep 85 of the discount retail stores owned by bankrupt J&M Sales Inc. operating received a nod from a Delaware judge Friday, saying the offer from Pegasus Trucking LLC was the highest and best bid in an auction held earlier in the week.

  • October 12, 2018

    Woodbridge Property Investors Take Issue With Ch. 11 Plan

    A group of real estate investors objected Thursday to The Woodbridge Group of Companies’ Ch.11 liquidation plan in Delaware, claiming creditors are not treated equally and that the plan improperly seeks to eliminate certain secured creditors' claims.

  • October 12, 2018

    Deals Rumor Mill: Sears, SoftBank, Athenahealth

    Sears Holdings Corp. reportedly plans to close as many as 150 of its stores as part of its restructuring plan, Nomura and Goldman Sachs are among the banks SoftBank has tapped related to the public offering for its Japanese wireless business, and upward of five would-be buyers are eyeing Athenahealth.

  • October 12, 2018

    6th Circ. Refuses To Rehear Fiat Worker's Race Bias Suit

    The Sixth Circuit has refused to rehear the racial discrimination case of an African-American clay modeler at Fiat Chrysler whose case was dismissed because she did not list her potential civil claims when filing for bankruptcy as required, even though she had yet to file her suit at that point.

  • October 12, 2018

    Manning Gross, Kurowski Shultz To Join Forces In January

    National litigation firms Manning Gross & Massenburg LLP and Kurowski Shultz LLC have announced they will join forces starting next year.

  • October 11, 2018

    Applebee's Franchisee Told To Clarify Risks In Ch. 11 Plan

    Bankrupt Applebee’s restaurant franchisee RMH Franchise Holdings won court approval Thursday for its Chapter 11 plan voting disclosure, but only after a judge ordered changes to make its confirmation and funding risks clearer to creditors.

  • October 11, 2018

    J&M Forced Into Hybrid Asset And Liquidation Sale For Ch. 11

    Bankrupt discount retailer J&M Sales Inc. told a Delaware judge Thursday that its hopes of reorganizing its business had evaporated, forcing it to go forward with an auction that resulted in a hybrid sale that will see some of its stores liquidated while others will be acquired as a going-concern.

  • October 11, 2018

    NY Judge Stays Deposition In Madoff Victims' Law Firm Suit

    A New York federal magistrate judge on Thursday granted Chaitman LLP and Becker & Poliakoff LLP's motion for a stay on deposition discovery in a suit by victims of Bernie Madoff against their former attorney, saying it is appropriate given the costs of the deposition and the firms' pending motions to dismiss.

  • October 11, 2018

    Color Spot's Ch. 11 Plan Disclosures Get Go-Ahead In Del.

    Bankrupt flower grower Color Spot Holdings Inc. received interim court approval Thursday in Delaware for a disclosure statement describing its Chapter 11 plan of liquidation that will see all secured claims satisfied, but won’t provide any recovery to unsecured creditors.

Expert Analysis

  • Market Evidence Will Likely Be Key In Sears Bankruptcy

    J.B. Heaton

    The Sears bankruptcy was filed early Monday, but the company's insolvency has been in plain view in the form of financial market evidence for a very long time. This case presents a prime example of the role such evidence can play for companies, their insiders, and outside advisers and auditors, says J.B. Heaton of the University of Chicago Law School.

  • Opinion

    The ABA Was Dead Wrong About Model Rule 8.4(g)

    Bradley Abramson

    In the two years since the American Bar Association's controversial anti-discrimination and harassment rule, only one state has adopted it, while numerous state supreme courts, state attorneys general and legal groups have correctly rejected Model Rule 8.4(g) as a threat to lawyers' First Amendment rights, says Bradley Abramson, an attorney with Alliance Defending Freedom.

  • Opinion

    The Supreme Court Should Become Boring

    Alexander Klein

    In the aftermath of Justice Brett Kavanaugh's confirmation, the U.S. Supreme Court should decline review of the nation's most polarizing political questions unless and until the questions become time-sensitive, says Alexander Klein, head of the commercial litigation group at Barket Epstein Kearon Aldea & LoTurco LLP.

  • Q&A

    Back To School: BC's Kent Greenfield Talks Corporate Law

    Kent Greenfield

    In this series featuring law school luminaries, Boston College Law School professor Kent Greenfield reflects on his corporate law theories, his legal battle with the Pentagon over free speech and gay rights, and important constitutional law issues to watch out for.

  • SDNY Decision Could Inject Uncertainty Into 363 Sales

    Steven Wilamowsky

    The Southern District of New York's recent ruling in Cooper could pare back some of the protections to which asset buyers in bankruptcy cases generally have been entitled under Section 363(m) of the Bankruptcy Code, say Steven Wilamowsky and Laura Appleby of Chapman and Cutler LLP.

  • Critical Factors For Airline Survival And Restructuring

    Henry Kikoyo

    Last week, Primera Air joined the list of airlines that have filed for insolvency, less than a year after the company announced record 2017 financial results. Why the sudden fall from grace? Those familiar with the aviation industry will recognize the pattern, says Henry Kikoyo of Brown Rudnick LLP.

  • Kavanaugh Cannot Be Compelled To Recuse Himself

    Donald Scarinci

    Whether Justice Brett Kavanaugh’s prior statements may be grounds for disqualification when it comes to judging certain cases is debatable, but there are no specific recusal guidelines for the U.S. Supreme Court. The justices themselves don’t even agree on where to draw the line when it comes to perceived political bias, says Donald Scarinci, a founding partner of Scarinci Hollenbeck LLC.

  • Knowledge Management: An Unsung Hero Of Legal Innovation

    Rob MacAdam

    As technology evolves, law firms are increasingly looking for ways to improve communication, transparency and service for their clients. Firms should put knowledge management at the core of their value proposition to create a competitive advantage, says Rob MacAdam at HighQ.

  • Can Defrauded Crypto Investors Hope To Recover Anything?

    Brett Theisen

    While insolvencies and fraud in the cryptocurrency space will create many issues of first impression for the courts, some valuable lessons can be found in more traditional fraud cases, such as the Bernie Madoff Ponzi scheme, says Brett Theisen of Gibbons PC.

  • Opinion

    Skip The New 'Civility Courses' And Think Like A Lawyer

    Alex Dimitrief

    As we watch what passes for political discourse in our nation’s capital, it’s understandable that universities are launching programs on how to cope with ideological disputes. But our country needs fewer people who profess to be open-minded and more people who engage in and honor the conclusions of reasoned debates, says Alex Dimitrief of General Electric Co.