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Bankruptcy
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September 15, 2025
Sears Investors Ink $9M Deal In Fiduciary Breach Case
A hedge fund manager and his firm will pay more than $9 million to end a long-running lawsuit alleging that they shortchanged investors when they took Sears Hometown and Outlet Stores Inc. private in 2019, according to a deal filed in the Delaware Court of Chancery.
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September 15, 2025
Dr. Phil Media Co.'s Committee Backs Chapter 11 Settlement
Merit Street Media's official committee of unsecured creditors has thrown its support behind a proposed $17 million Chapter 11 settlement funded by Dr. Phil McGraw's production company Peteski Productions, saying a bankruptcy plan would result in the best outcome for creditors.
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September 15, 2025
Jackson Walker Wants Breakup From Judge Romance Suit
Jackson Walker LLP says a proposed bondholders' class action accusing the firm of covering up a romance between a one-time partner and bankruptcy judge is an attempt at invalidating an already confirmed Chapter 11 plan and should be tossed.
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September 15, 2025
Exactech Gets OK For Ch. 11 Plan Ditching Sponsor Deal
A Delaware bankruptcy judge on Monday approved Exactech's Chapter 11 sale and liquidation plan that drops a previous deal with the joint implant maker's equity sponsor in favor of funding the pursuit of potential legal claims against the sponsor on behalf of creditors.
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September 15, 2025
Raines Feldman Gains 7 New Attys In Calif., NY
Raines Feldman Littrell LLP announced Friday that it has added seven new attorneys to its ranks, adding bicoastal legal talent across four different practice areas.
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September 15, 2025
Court Urged To Block Offshore Asset Freeze In $28M Tax Row
The federal government's claim that a beneficiary of offshore trusts is likely to spend down assets to avoid a $28 million tax bill lacks evidence, the beneficiary argued in urging a Florida federal court not to freeze his accounts.
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September 15, 2025
Ex-Boston Sports Club CEO Owes $6M Over Pandemic Billing
The former CEO of Boston Sports Clubs is liable for $6 million in damages and interest, because he approved a plan to charge gym members while the clubs were shuttered at the start of the coronavirus pandemic, then thwarted customers' attempts to cancel their contracts, a Massachusetts judge has ruled.
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September 12, 2025
23AndMe Inks $3.25M Data Breach Deal With Canadian Users
23andMe has asked a Missouri bankruptcy judge to approve a $3.25 million settlement reached with a class of 300,000 Canadian citizens whose information was compromised following a cybersecurity breach, touting the deal as an "excellent result" considering limited funds available and other issues implicated by the company's bankruptcy proceedings.
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September 12, 2025
Real Estate Recap: CMBS Distress, Nuclear AI, Campus Golf
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including attorney perspectives on commercial mortgage-backed securities distress, the dawn of nuclear-powered data centers, and the albatross of golf courses on colleges and universities.
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September 12, 2025
Exile's Wife Loses Appeal Over $6.9M Connecticut Mansion
The wife of Chinese exile and convicted security fraud defendant Miles Guo lost her bid to shield a $6.9 million Greenwich mansion from her husband's creditors when a Connecticut federal judge ruled Friday that the property ultimately belongs to his Chapter 11 estate.
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September 12, 2025
Justices Urged To Skip Highland's Ch. 11 'Gatekeeper' Appeal
An alternative investment firm pressed the U.S. Supreme Court to not review a Fifth Circuit decision narrowing releases and so-called "gatekeeper" provisions in bankrupt Texas investment group Highland Capital Management's Chapter 11 plan.
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September 12, 2025
Heavy Equipment Seller Hits Ch. 11 With $100M Of Debt
Construction equipment seller and rental company Worldwide Machinery Group Inc. filed for Chapter 11 protection in Texas late Thursday, saying it has at least $100 million of debt in its initial court filings.
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September 12, 2025
Quinn Emanuel's $30M Fee Bid Flouts Ch. 11, Co. Says
Israeli printed circuit maker Nano Dimension has told a Massachusetts federal judge that Quinn Emanuel Urquhart & Sullivan LLP can't claim a $30 million attorney's lien to make an "end run" around the bankruptcy of 3D printing company Desktop Metal, a former client that Nano acquired.
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September 12, 2025
Magnesium Producer's DIP Rollup Denied Amid Enviro Row
A Delaware bankruptcy judge on Friday rejected US Magnesium's request to roll up some $3 million in existing debt after the state of Utah argued that doing so would improperly grant a lender liens on unencumbered assets, saying the evidence didn't support approving the rollup so early in the Chapter 11 case.
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September 12, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen former Master Chef presenter Gregg Wallace sue the BBC, Elon Musk's xAI take legal action against a staff engineer, and fashion mogul Kevin-Gerald Stanford file a fresh claim against Lion Capital-owned Klotho and EY amid a long-running All Saints share acquisition dispute.
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September 11, 2025
Girardi's Atty, Judge Debate If His Conviction Is 'Debatable'
A California federal judge pushed back Thursday on arguments by Tom Girardi's lawyer that he should be free on bond while he appeals his wire fraud conviction, saying that debating the case doesn't automatically mean it raises "fairly debatable" questions sufficient to meet the Ninth Circuit's standard for remaining free on appeal.
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September 11, 2025
Capital One Sues FDIC Over $149M SVB Bailout Charge
Capital One has sued the Federal Deposit Insurance Corp. in Virginia federal court challenging a $149 million charge in a special assessment levied by the agency as part of an effort to recoup losses from the 2023 regional banking crisis, saying the FDIC improperly included certain data in its calculation of the special assessment.
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September 11, 2025
Colo. Judge Says $1.5M Damages Request May Be 'Piling On'
A Colorado federal judge was skeptical Thursday to award a $1.5 million default judgment against the owner of a now-defunct metal fabrication and construction company who was accused by former employees in a class action of failing to pay wages in the months before the business filed for bankruptcy.
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September 11, 2025
SEC Drops Suit Against Nikola Founder After Trump's Pardon
The U.S. Securities and Exchange Commission on Thursday ended its civil enforcement action in New York federal court against Nikola founder Trevor Milton months after he was pardoned by President Donald Trump for his securities fraud conviction on charges of lying to boost the company's stock on Wall Street.
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September 11, 2025
Bankrupt $300M Fla. Project Gets Nod On DIP Loan
A Florida bankruptcy judge on Thursday signed off on a $1.75 million debtor-in-possession loan and approved a chief restructuring officer for the debtors of a $300 million real estate development to buy time for the parties to work out a deal to exit bankruptcy.
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September 11, 2025
3rd Circ. Won't Toss Talc Co. Whittaker Clark & Daniels' Ch. 11
Defunct talc supplier Whittaker Clark & Daniels properly filed for Chapter 11 protection in 2023 and its bankruptcy case should not be dismissed, the Third Circuit has ruled, siding against talc claimants who argued the company already being in receivership precluded it from filing for bankruptcy.
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September 11, 2025
JCPenney Settles Fee Dispute Over Jackson Walker Romance
The corporate entities formerly known as JCPenney on Thursday asked a Texas federal court to greenlight a $1.4 million settlement with Jackson Walker PC in a dispute concerning the romance of a partner with a bankruptcy judge, the latest and largest of several settlements to seek approval in recent months.
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September 11, 2025
Entities Tied To Several CVS Locations File For Ch. 11
Several entities tied to properties operating as CVS locations have filed for Chapter 11 bankruptcy in Delaware, saying that the filings are "in the best interests" of the debtors, creditors and other stakeholders.
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September 11, 2025
Magnesium Producer Hits Ch. 11 Following Plant Failures
US Magnesium LLC, once North America's largest producer of primary magnesium, has filed for Chapter 11 protection in Delaware bankruptcy court with up to $500 million of debt, years after major equipment failures at its Utah facility ground production to a halt.
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September 10, 2025
Fla. Judge Chides Attys Over Discovery In High-Rise Ch. 11
A Florida federal judge on Wednesday chided attorneys over discovery deadlines in a Chapter 11 bankruptcy case involving a downtown Miami high-rise development, setting an October deadline to produce documents after requests weren't fulfilled on time.
Expert Analysis
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Agentic AI Puts A New Twist On Attorney Ethics Obligations
As lawyers increasingly use autonomous artificial intelligence agents, disciplinary authorities must decide whether attorney responsibility for an AI-caused legal ethics violation is personal or supervisory, and firms must enact strong policies regarding agentic AI use and supervision, says Grace Wynn at HWG.
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Series
Being A Professional Wrestler Makes Me A Better Lawyer
Pursuing my childhood dream of being a professional wrestler has taught me important legal career lessons about communication, adaptability, oral advocacy and professionalism, says Christopher Freiberg at Midwest Disability.
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Series
Law School's Missed Lessons: Adapting To The Age Of AI
Though law school may not have specifically taught us how to use generative artificial intelligence to help with our daily legal tasks, it did provide us the mental building blocks necessary for adapting to this new technology — and the judgment to discern what shouldn’t be automated, says Pamela Dorian at Cozen O'Connor.
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Ch. 11 Ruling Voiding $2M Litigation Funding Sends A Warning
A recent Texas bankruptcy court decision that a postconfirmation litigation trust has no obligations to repay a completely drawn down $2 million litigation funding agreement serves as a warning for estate administrators and funders to properly disclose the intended financing, say attorneys at Kleinberg Kaplan.
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Demystifying The Civil Procedure Rules Amendment Process
Every year, an advisory committee receives dozens of proposals to amend the Federal Rules of Civil Procedure, most of which are never adopted — but a few pointers can help maximize the likelihood that an amendment will be adopted, says Josh Gardner at DLA Piper.
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Bankruptcy Courts May Offer Relief For Tariff-Driven Distress
The Bankruptcy Code and the customs laws interact in complex ways that make bankruptcy a powerful, albeit limited, tool for companies that are dealing with tariff-related financial distress, says Eitan Arom at KTBS Law.
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Parenting Skills That Can Help Lawyers Thrive Professionally
As kids head back to school, the time is ripe for lawyers who are parents to consider how they can incorporate their parenting skills to build a deep, meaningful and sustainable legal practice, say attorneys at Alston & Bird.
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Series
Teaching Trial Advocacy Makes Us Better Lawyers
Teaching trial advocacy skills to other lawyers makes us better litigators because it makes us question our default methods, connect to young attorneys with new perspectives and focus on the needs of the real people at the heart of every trial, say Reuben Guttman, Veronica Finkelstein and Joleen Youngers.
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What New CFPB Oversight Limits Would Mean For 4 Markets
As the Consumer Financial Protection Bureau continues to centralize its resources, proposals to alter the definition of larger market participants in the automobile financing, international money transfer, consumer reporting and consumer debt collection markets would reduce the scope of the bureau's oversight, say attorneys at Holland & Knight.
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Series
Adapting To Private Practice: From Texas AUSA To BigLaw
As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.
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Advice For 1st-Gen Lawyers Entering The Legal Profession
Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.
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How Bankruptcy Law Caps Landlords' Rejected Lease Claims
With corporate bankruptcy filings for the first half of the year at a 15-year high, landlords should be prepared for commercial tenants to use the bankruptcy process to reject unwanted leases in order to lessen corporate footprints and improve liquidity, say attorneys at Mintz.
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Series
Coaching Cheerleading Makes Me A Better Lawyer
At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.
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Ruling Puts 11th Circ. At Odds With Bankruptcy Courts
While an Eleventh Circuit majority recently found in BenShot v. 2 Monkey Trading and Lucky Shot USA that corporate debtors, like individuals, face certain exceptions to discharge under a nonconsensual Subchapter V plan, the ruling not only reverses the lower court, but opposes the holdings of many other bankruptcy courts, say attorneys at McDermott.
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Series
Law School's Missed Lessons: How To Make A Deal
Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.