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Bankruptcy

  • November 14, 2018

    In Leap To Plaintiffs Boutique, Munger Vet Makes Rare Move

    It's uncommon for attorneys to jump from the world of defending corporations in bet-the-company litigation to pursuing those same suits, but former Munger Tolles & Olson LLP partner Marc Dworsky has made that 180-degree turn and says he's thrilled with the decision.

  • November 13, 2018

    Woodbridge Ch. 11 Plan Erases Valid Claims, Noteholders Say

    A group of roughly 270 real estate investors asked a federal bankruptcy judge in Delaware to pause the Chapter 11 liquidation plan of the Woodbridge Group of Cos. LLC while the creditors appeal a portion of the plan they believe extinguished their interests.

  • November 13, 2018

    Nine West Gets OK To Solicit Votes On Ch. 11 Plan

    Nine West Holdings Inc. received New York bankruptcy court approval Tuesday to solicit votes from creditors on its plan to reorganize in Chapter 11 while certain stakeholders maintain that the fashion company's proposal to settle potential fraudulent transfer claims against owner Sycamore Partners is woefully inadequate.

  • November 13, 2018

    Weinstein, Four Seasons Hit With $60M Suit By Alleged Victim

    Actress Paz De La Huerta alleged in California state court on Tuesday that former film producer Harvey Weinstein raped her multiple times and engaged in a pattern of stalking and intimidation to keep her quiet, seeking nearly $60 million in damages and alleging that the Four Seasons Hotels Ltd. and the producer's now-bankrupt studio failed to act despite previous knowledge of his conduct.

  • November 13, 2018

    Toys R Us Wins Approval Of Ch. 11 Creditor Payment Plan

    A Virginia bankruptcy judge on Tuesday approved a Chapter 11 plan to facilitate the wind-down of Toys R Us Inc., putting in place a means for the iconic brand to survive in a limited form and its creditors to receive some means of recovery.

  • November 13, 2018

    No Decision Yet On Keeping Nordam Ch. 11 Docs Under Seal

    A Delaware bankruptcy judge delayed a decision on a request by aviation company The Nordam Group Inc. to keep certain information in its Chapter 11 case, including compensation and benefits for senior managers, under seal, stating she will consider doing so pending confirmation of the plan.

  • November 13, 2018

    Sears Seeks Emergency Motion To Sell $900M In Debt

    Sears is asking a New York bankruptcy court for an emergency motion to put $900 million in intercompany debt up for sale, saying it has a limited window to turn the debt into cash before the company's credit default swaps go on the block.

  • November 13, 2018

    Applebee’s Franchisee’s Ch. 11 Faces Confirmation Hurdles

    Bankrupt Applebee's franchisee RMH Franchise Holdings Inc. said Tuesday it hopes to be able to soon reach an agreement to settle roughly $14 million in possible claims owed to its parent company as a confirmation hearing nears for its Chapter 11 plan.

  • November 9, 2018

    $630M CDO Entity Gets Involuntary Ch. 11 Case Dismissed

    Three secured creditors of $630 million collateralized debt obligation vehicle Taberna Preferred Funding IV Ltd. can't force the entity into involuntary bankruptcy, a New York bankruptcy court has ruled, because their notes are nonrecourse and therefore only give their holders claims against Taberna's collateral, not the entity itself.

  • November 9, 2018

    UK Litigation Roundup: Here's What You Missed In London

    The last week has seen a pair of disputes involving asset manager CGrowth, another suit from private equity-linked firms taking on parties linked to Thailand's KPN Group and Kodak bring a competition case against Goldman, Glencore and others the film giant has accused of manipulating aluminum prices in the U.S. Here, Law360 looks at those and other new claims in the U.K.

  • November 9, 2018

    Ex-Platinum Insider Dodges Upcoming $1B Fraud Trial

    A former Platinum Partners marketing and investor relations staffer charged over an alleged $1 billion securities fraud scheme has secured a deferred prosecution deal with the government and had his case severed on Thursday from four executives accused of deceiving the hedge fund’s investors.

  • November 9, 2018

    Aegean Marine Gets Interim Access To $532M DIP Package

    After two days of a contentious battle over bankruptcy financing provisions, Greek marine refueling company Aegean Marine Petroleum Network Inc. was given the go-ahead Friday to begin withdrawing from a $532 million debtor-in-possession loan package provided by its potential buyer.

  • November 9, 2018

    Puerto Rico Lawmakers Help Debt Restructuring Go Forward

    Puerto Rico’s Senate and House of Representatives have passed legislation to support a plan to restructure nearly $18 billion in debt issued by the Puerto Rico Sales Tax Financing Corp., or COFINA, by amending the corporation’s charter.

  • November 9, 2018

    Weinstein Successor Reaches $3M Deal On ‘Yellowstone’

    The successor to The Weinstein Co. LLC has reached a $3.1 million deal with Wind River Productions LLC to pay off unpaid invoices in the company’s Chapter 11 proceedings, with Wind River giving up the rights to the “Yellowstone” television series in the exchange.

  • November 9, 2018

    Nine West, Creditors Ordered To Mediate Ch. 11 Disputes

    A New York bankruptcy judge on Friday appointed a mediator to try to resolve disputes between Nine West Holdings, owner Sycamore Partners and a number of the company’s creditors over the fashion retailer’s Chapter 11 plan.

  • November 9, 2018

    FisherBroyles Adds Bankruptcy Partner In Atlanta

    FisherBroyles LLP has added an attorney as a litigation partner in its Atlanta office with 20 years of bankruptcy experience including helping a Georgia power company recover debts from Sears and Delta Air Lines during their Chapter 11 proceedings, the firm announced last week. 

  • November 8, 2018

    ResCap Trust Nabs $28.7M Verdict In Mortgage Lender Suit

    A Minnesota federal jury on Thursday handed a nearly $29 million verdict to the successor for the now-defunct Residential Funding Co. LLC in its case accusing a former LendingTree unit of having sold it bad mortgage loans before the financial crisis that eventually led to hefty bankruptcy settlements for RFC.

  • November 8, 2018

    CORRECTED: Toys R Us Makes Virginia Push To Confirm Ch. 11 Plan

    Toys R Us Inc. is urging a Virginia bankruptcy court to approve its Chapter 11 plan, saying that the plan has been approved by the creditors and that the remaining objections should be dismissed.

  • November 8, 2018

    Trustee Gripes Add To Nine West's Bankruptcy Woes

    The federal bankruptcy watchdog blasted Nine West Holdings Inc.'s Chapter 11 proposal on Wednesday over a perceived lack of detail on crucial provisions, a move that comes as a growing chorus of creditors has vehemently rejected the plan's linchpin, a $105 million settlement with Nine West owner Sycamore Partners.

  • November 8, 2018

    NY Judge Confirms Tops' $455M Chapter 11 Reorg Plan

    A New York bankruptcy judge Thursday approved Tops Market LLC's $455 million Chapter 11 reorganization, overriding objections by the federal bankruptcy watchdog to the plan's third-party liability releases.

Expert Analysis

  • Series

    Clerking For Ginsburg: 3 Surprises

    David Post

    It had never occurred to me that judges don’t always love the way their appellate cousins review their work and tell them — in public — all the things they got wrong. I was frequently struck by Justice Ruth Bader Ginsburg’s acute awareness of the delicacy of this relationship, says attorney David Post.

  • Series

    Clerking For Ginsburg: A Superhero Supreme

    Burden Walker

    As a clerk for Justice Ruth Bader Ginsburg, my job was to mirror my boss’ views and values in everything I did. Years later, I find that I am still striving to live up to the values Justice Ginsburg instilled in me, as both a lawyer and a spouse, says Burden Walker, an assistant U.S. attorney for the District of Maryland.

  • When Antitrust Conspiracy Cases Merit Summary Judgment

    George Gordon

    The Second Circuit's recent ruling in Anderson News v. American Media clarifies the application of summary judgment standards in antitrust conspiracy cases, including with respect to how record and expert evidence is analyzed, say George Gordon and Thomas Miller of Dechert LLP.

  • Series

    Clerking For Ginsburg: 4 RBG Lessons On Having It All

    Rachel Wainer Apter

    Justice Ruth Bader Ginsburg is everything she is cracked up to be​ — f​eminist icon​, brilliant jurist​, fierce dissenter. She is also an incredible boss, mentor and friend.​ ​Her advice has shaped how I have tried to balance building a career and ​raising children, says Rachel Wainer Apter, counsel to the New Jersey attorney general.

  • Series

    Clerking For Ginsburg: How To Play The Long Game

    Arun Subramanian

    One of us was a clerk when Justice Ruth Bader Ginsburg read her Ledbetter dissent from the bench, inviting Congress to act, and the other clerked a few years later, when RBG's prominently displayed copy of the Lilly Ledbetter Fair Pay Act served as a daily reminder that dissents are not just for show, say Arun Subramanian and Mark Musico of Susman Godfrey LLP.

  • Series

    Clerking For Ginsburg: In Pursuit Of Precision

    Trevor Morrison

    As clerks for Justice Ruth Bader Ginsburg, we learned early on that, when preparing a memorandum or draft opinion, it was essential to present any opposing argument in its strongest possible light. There is a lesson here for today's public debates, says Trevor Morrison, dean of NYU Law School.

  • Junior Creditors Could Share In 363 Bankruptcy Sales

    Charles Tabb

    In early July, the Seventh Circuit issued an important opinion in Illinois Department of Revenue v. Hanmi Bank, raising the possibility that out-of-the-money junior creditors might be entitled to share in the proceeds of a free-and-clear bankruptcy sale, even where the senior secured party is underwater, say Charles Tabb and Tamar Dolcourt of Foley & Lardner LLP.

  • Series

    Clerking For Ginsburg: My RBG Guide To Judging

    Goodwin Liu

    I clerked for Justice Ruth Bader Ginsburg before the days of RBG bobbleheads and “You Can’t Spell Truth Without Ruth” T-shirts. I had no idea I would become a judge, and I feel lucky every day that I had the chance to learn from her, says California Supreme Court Justice Goodwin Liu.

  • Series

    Clerking For Ginsburg: 4 Things I Learned

    Judge John Owens

    A lot has changed since I clerked for Justice Ruth Bader Ginsburg 20 years ago. At that time, I had hair and no wife. I also thought I knew everything — but working for the justice made me realize very quickly that I actually knew very little, says Ninth Circuit Judge John Owens.

  • Series

    Clerking For Ginsburg: The Equality Lessons

    Margo Schlanger

    In 1993, Ruth Bader Ginsburg was confirmed to the U.S. Supreme Court, and I began my two-year clerkship with her. In her first opinion as a justice, and in dozens since, Justice Ginsburg reminded us how the law needs to operate if equality is to be a reality, says Margo Schlanger, a professor at the University of Michigan Law School.