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Bankruptcy
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March 05, 2024
Bankruptcy Group Of The Year: Ropes & Gray
The bankruptcy practice at Ropes & Gray is a versatile unit capable of winning high-profile cases and pioneering solutions to clients' financing needs, securing a unanimous high court decision in April for Mall of America's owner and devising a unique transaction for Trinseo PLC months later that kept the manufacturer afloat, earning it a spot among Law360's Bankruptcy Groups of the Year.
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March 05, 2024
BowFlex Maker Files For Bankruptcy With $67M Debt
The makers of the BowFlex exercise machine filed for Chapter 11 protection in New Jersey bankruptcy court late Monday with more than $67 million in debt and a $37.5 million purchase offer.
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March 04, 2024
Puerto Rico Fiscal Board Argues For Utility Reorg Plan
Puerto Rico's fiscal oversight board told a federal judge on Monday that it had the only plan to save the island's troubled electric utility, while bondholders claimed the board had created the plan specifically to shortchange them.
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March 04, 2024
Atty For Alex Jones' Infowars Asks Court's Permission To Quit
The head lawyer for conspiracy theorist Alex Jones' Infowars radio show production company has urged a Texas bankruptcy judge to let him quit his work on the Chapter 11 case, saying Free Speech Systems' chief restructuring officer has withheld his pay in retaliation for disputes between the two professionals.
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March 04, 2024
Teamsters Request Discovery Stay In $137M Fight With Yellow
A Kansas federal judge should decide whether Yellow Corp.'s $137 million lawsuit against the Teamsters can survive the union's dismissal bid before making the union produce more documents, the Teamsters said, looking to pause the discovery process in litigation accusing the union of holding up a corporate restructuring.
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March 04, 2024
Trial Of Ex-Stimwave CEO Over Medical Device Nears End
Prosecutors on Monday urged a Manhattan federal jury to convict the former CEO of Stimwave Technologies for hawking a medical device for chronic pain sufferers with a bogus component designed to drive up billings, while defense counsel derided a lack of evidence to support the government's claims.
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March 04, 2024
Hospital Operator Pushes For Ch. 11 Plan Confirmation
California-based hospital operator Alecto Healthcare Services LLC defended its Chapter 11 plan proposal Monday in Delaware bankruptcy court, saying opposition from creditors is based on a faulty belief that there are valuable claims that can be asserted for the benefit of creditors.
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March 04, 2024
NerdWallet, Syracuse Hit With 'Fraudulent' Bankruptcy Cases
Personal finance platform NerdWallet, the city of Syracuse, New York, a Taco Bell franchisee and a financial tech company were targets of apparently phony bankruptcy cases opened in Delaware over the weekend by a frequent pro se litigant.
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March 04, 2024
Barretts' Mediation Docs Not Open To Pfizer, Judge Says
A Texas bankruptcy judge declined Monday to open the mediation in Barretts Minerals Inc.'s bankruptcy case to former owner Pfizer Inc., saying that he didn't want mediation participants to worry about every conversation they have.
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March 04, 2024
Sorrento Creditors Fight To Keep Ch. 11 In Texas
Creditors for drug developer Sorrento Therapeutics Inc. have asked a Texas bankruptcy judge to keep the company's Chapter 11 case in the Lone Star State, saying the U.S. trustee's bid to move it comes too late and wouldn't help those hoping for recoveries.
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March 04, 2024
LifeWallet Settles With Insurers, Enhancing Claims Process
Healthcare reimbursement venture MSP Recovery, which does business as LifeWallet, has announced a deal with 28 affiliated property and casualty insurers that would settle unreimbursed Medicare claims and provide historical data to streamline the process of resolving such claims in the future.
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March 04, 2024
Bankruptcy Group Of The Year: Paul Weiss
Paul Weiss Rifkind Wharton & Garrison LLP helped longtime client Revlon untangle its knotted bankruptcy, guiding the global beauty behemoth from a liquidity crisis and debilitating interlender dispute to a confirmed Chapter 11 plan in under a year, just one of several high-profile matters that earned the firm a place among Law360's 2023 Bankruptcy Groups of the Year.
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March 04, 2024
NC Law Firm CEO Dies In Crash Amid Stolen Funds Probe
The CEO of North Carolina-based real estate law firm Washburn Law PLLC, which declared bankruptcy in the midst of an ongoing investigation into millions of dollars in stolen client funds, died in a car crash Saturday.
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March 01, 2024
McDermott Investors' Cert. Bid Should Be Denied, Judge Says
Investors in energy industry engineering company McDermott International Inc. shouldn't be granted class certification in their suit over the company's $6 billion all-stock acquisition of Chicago Bridge & Iron Co., a federal magistrate judge has determined.
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March 01, 2024
Plaintiffs Blast Prison Health Co.'s 'Potemkin Village' Case
An attorney for plaintiffs seeking the dismissal of prison health care company Tehum Care Services Inc.'s "Texas Two-Step" bankruptcy case assailed on Friday what he called the "Potemkin village" nature of the debtor during the first day of a trial unfolding in Texas bankruptcy court.
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March 01, 2024
McCarter & English Denied $1M Fee Bid In Celsius Ch. 11
A New York bankruptcy judge has granted requests by a number of creditor groups in the Celsius Network Chapter 11 case for fees and expenses but denied a $1 million request by a borrower group represented by McCarter & English, saying it had failed to make a substantial contribution to the case.
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March 01, 2024
Fintech Co. Vesttoo's Ch. 11 Plan OK'd After Dissent Defused
A Delaware bankruptcy judge has approved the Chapter 11 liquidation plan proposed by the official committee of unsecured creditors to bankrupt Israeli fintech firm Vesttoo Ltd., after the committee sorted out a final objection to the plan.
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March 01, 2024
MediaMath Floats Ch. 11 Dismissal After $22M Sale Of Assets
Bankrupt adtech company MediaMath Holdings Inc. asked a Delaware bankruptcy judge to end its Chapter 11 case and allow it to dissolve, because it's sold off basically all it had for $22 million and there's nothing left to reorganize.
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March 01, 2024
Amazon Seller Can Tap DIP Funds, Aims For Quick Ch. 11
A New Jersey bankruptcy judge allowed Amazon aggregator Thrasio Holdings Inc. to tap into $35 million of its $360 million post-petition financing package on Friday, over objections from a bankruptcy watchdog, and approved other measures that will allow the third-party seller to continue hawking pillows, cocktail shakers, hiking poles and hundreds of other goods online through its Chapter 11 case.
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March 01, 2024
Conn. AG Tells Lawmakers To Ban MV Realty's 'Scam Deals'
Connecticut's attorney general urged state lawmakers to protect vulnerable homeowners by passing legislation banning a business model used by MV Realty to rack up thousands in junk fees on people who sign their 40-year exclusive listing agreements.
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March 01, 2024
Trustee's Office Goes After More Jackson Walker Fees In Texas
As fallout over the Judge David R. Jones case continues, the U.S. Trustee's Office has filed a flurry of new motions in multiple bankruptcy cases, seeking to claw back fees paid to Jackson Walker LLP and, in at least one case, to reopen proceedings.
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March 01, 2024
Bankruptcy Group Of The Year: Davis Polk
Davis Polk & Wardwell LLP helped Revlon, Party City and LATAM Airlines get their bankruptcy cases over the finish line while moving Purdue Pharma through the appeals of its Chapter 11 plan, landing the firm a spot among Law360's Bankruptcy Practice Groups of the Year.
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February 29, 2024
Lordstown To Pay $25M In SEC Probe Of Overhyped EVs
Bankrupt automaker Lordstown Motors Corp. has agreed to return $25.5 million to shareholders who were allegedly drawn in by false assurances that the company had secured tens of thousands of pre-orders for electric trucks that it didn't even have the parts to build, the U.S. Securities and Exchange Commission announced Thursday.
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February 29, 2024
Stolen Funds Render FTX Clawback Moot, Embed Parties Say
Parties associated with stock trading platform Embed Financial Technologies told a Delaware bankruptcy judge Thursday that defunct cryptocurrency exchange FTX Trading Ltd. can't claw back $240 million from a prepetition acquisition because the funds used to buy Embed were stolen from FTX customers.
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February 29, 2024
US Trustee Opposes Proterra Ch. 11 Plan's Future Exculpation
The Office of the U.S. Trustee objected Thursday to the Chapter 11 plan of electric bus maker Proterra Inc., saying it includes exculpation provisions that would cover actions after it emerges from bankruptcy, and interferes with the payment of required quarterly fees to the trustee's office.
Expert Analysis
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2 Rulings Show How Electricity May Factor Into Bankruptcy
Recent rulings from an Oregon federal court and a New York bankruptcy court have evened a split over whether electricity is a good or a service under the Bankruptcy Code, illustrating the importance of relying on dictionary definitions and prior rulings when arguing that electricity is a good, says Shane Ramsey at Nelson Mullins.
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The Texas Two-Step May Be Losing Steam
The Texas Two-Step is a powerful bankruptcy strategy that has been used in recent high-profile cases, including Johnson & Johnson’s talc unit bankruptcy case, but ongoing debate and legal challenges raise the question of whether this maneuver is losing reliability, say Brendan Best and Justin Allen at Varnum.
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The Road Ahead For Rite Aid And Other Troubled Retailers
With corporate bankruptcies at their highest levels since 2010, familiar large retailers, like Rite Aid, may need to take the inevitable plunge, with a few patterns in metrics and behaviors tipping off potential insolvency issues, says Talin Keshishian at BG Law.
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Rethinking In-Office Attendance For Associate Retention
The hybrid office attendance model doesn't work for all employees, but it does for many — and balancing these two groups is important for associate retention and maintaining a BigLaw firm culture that supports all attorneys, says Summer Eberhard at Major Lindsey.
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Bittrex Bankruptcy Order Highlights Creative Crypto Financing
In a recent first, the Delaware bankruptcy court authorized Bittrex to obtain post-petition financing solely in bitcoin from the debtor-in-possession lender, an order that may serve as a catalyst for future debtors to explore creative mechanisms for crypto financing and payback, says Kyle Arendsen at Squire Patton.
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Opinion
Despite Its Plan Objections, UST Also Won In Purdue Ch. 11
The Second Circuit’s recent decision approving Purdue Pharma’s reorganization plan is a win even for the dissenting Office of the U.S. Trustee because the decision sets extremely stringent guidelines for future use of nonconsensual third-party releases, say Edward Neiger and Jennifer Christian at Ask.
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Murdaugh Trials Offer Law Firms Fraud Prevention Reminders
As the fraud case against Alex Murdaugh continues to play out, the evidence and narrative presented at his murder trial earlier this year may provide lessons for law firms on implementing robust internal controls that can detect and prevent similar kinds of fraud, say Travis Casner and Helga Zauner at Weaver and Tidwell.
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Post-Siegel Trustee Fee Rulings Further Debtor-Friendly Trend
One year after the U.S. Supreme Court’s bankruptcy ruling in Siegel v. Fitzgerald left the matter of trustee fee refunds open to lower courts, related rulings have sided with debtors, reminding practitioners of the importance of the constitutional backdrop to statutory law, say Daniel Lowenthal and Jonah Wacholder at Patterson Belknap.
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Firm Tips For Helping New Lawyers Succeed Post-Pandemic
Ten steps can help firms significantly enhance the experience of attorneys who started their careers in the coronavirus pandemic era, including facilitating opportunities for cross-firm connection, which can ultimately help build momentum for business development, says Lana Manganiello at Equinox Strategy Partners.
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Tackling Judge-Shopping Concerns While Honoring Localism
As the debate continues over judge-shopping and case assignments in federal court, policymakers should look to a hybrid model that preserves the benefits of localism for those cases that warrant it, while preventing the appearance of judge-shopping for cases of a more national or widespread character, says Joshua Sohn at the U.S. Department of Justice.
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Perspectives
How Attorneys Can Help Combat Anti-Asian Hate
Amid an exponential increase in violence against Asian American and Pacific Islander communities, unique obstacles stand in the way of accountability and justice — but lawyers can effect powerful change by raising awareness, offering legal representation, advocating for victims’ rights and more, say attorneys at Gibson Dunn.
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Opinion
Congress Needs To Enact A Federal Anti-SLAPP Statute
Although many states have passed statutes meant to prevent individuals or entities from filing strategic lawsuits against public participation, other states have not, so it's time for Congress to enact a federal statute to ensure that free speech and petitioning rights are uniformly protected nationwide in federal court, say attorneys at Skadden.
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As Subchapter V's Popularity Rises, So Do Its Boundaries
Recent data and bankruptcy court rulings give greater context to Subchapter V’s popularity, but also show how courts continue to interpret its provisions to establish limits and contours, such as the sequence of filing for affiliate debtors, say Jack O’Connor and Heidi Hockberger at Levenfeld Pearlstein.
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A Comparison Of 2 Bank Failures, With Regulatory Lessons
Though the factors that contributed to the downfalls of Silicon Valley Bank and First Republic Bank were similar, differences in federal regulators' handling of the banks' sales — and the additional two weeks it took to find a buyer for SVB — may help illuminate how regulators can improve their response to future financial panic, say attorneys at Lewis Brisbois.
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Some Client Speculations On AI And The Law Firm Biz Model
Generative artificial intelligence technologies will put pressure on the business of law as it is structured currently, but clients may end up with more price certainty for legal services, and lawyers may spend more time being lawyers, says Jonathan Cole at Melody Capital.