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Bankruptcy

  • October 17, 2018

    Sen. Warren Demands Toys R Us Pay Worker Severance

    U.S. Sen. Elizabeth Warren is urging five hedge funds who hold Toys R Us debt to answer questions about their role in the liquidation of the toy retailer and contribute to a fund to provide severance pay for the chain's 30,000 former employees.

  • October 17, 2018

    A High Court Milestone Stirs Hope Of Gender Parity

    After an emotionally fraught confirmation process with sexual misconduct allegations front and center, a new justice joins the Supreme Court bench and brings four female clerks with him. The hires bring gender parity to the court's clerkship ranks for the first time, but will the shift be long-lasting?

  • October 17, 2018

    Creditors Say Fla. Insurance Co. Fraudulently Dumped Assets

    A trustee for creditors of ATIF Inc. filed suit Tuesday in Florida bankruptcy court alleging the bankrupt title insurance underwriter’s 2015 transfer of assets worth millions of dollars to Old Republic National Title Insurance Co. was a fraudulent attempt to avoid paying creditors.

  • October 17, 2018

    Weinstein Co. Buyer Wants Answers On Production Contract

    The Chapter 11 buyer of the assets of movie and television studio The Weinstein Co. Holdings LLC filed a bankruptcy suit Wednesday in Delaware asking the court to make a ruling on the status of a contract with a former production partner of the debtor.

  • October 17, 2018

    FirstEnergy's Bankrupt Units Seek OK For $25M Credit Deal

    FirstEnergy’s bankrupt power generation subsidiaries have asked an Ohio bankruptcy court to allow them to take out up to $25 million in letters of credit, saying the credit will help to keep the company’s seven power plants in operation.

  • October 17, 2018

    Platinum Partners Liquidators Seek Docs From Funds' Ex-Firm

    The Cayman Island-based liquidators of a pair of failed Platinum Partners hedge funds have asked a New York bankruptcy court to compel Schulte Roth & Zabel LLP, the funds’ former attorneys, to hand over documents stemming from before the funds went into bankruptcy.

  • October 17, 2018

    Embezzling Bankruptcy Atty Tells 2nd Circ. Gov't Broke Deal

    A former Connecticut bankruptcy attorney told the Second Circuit on Wednesday that prosecutors hung him out to dry after he turned himself in for embezzling millions of dollars from his clients, resulting in a five-year prison sentence that he wants to redo before a new judge.

  • October 16, 2018

    Asbestos Trust Rep Beats DOJ Objection In Duro Dyne Ch. 11

    A New Jersey bankruptcy judge on Tuesday firmly overruled objections to the appointment of a future claimants representative in the Chapter 11 case for Duro Dyne National Corp., calling challenges by the U.S. Trustee's office and insurers over disinterestedness "nonsensical" and a "nonstarter."

  • October 16, 2018

    Paul Hastings A 3rd Party To Fraud, Cancer Center Exec Says

    The founder of a now-bankrupt cancer treatment center accused of making false statements to entice billionaire energy tycoon Kelcy Warren to invest urged a Texas judge Monday to block Paul Hastings LLP from being removed as a third party in the case, saying there's enough evidence to raise questions on the firm's involvement.

  • October 16, 2018

    Maxus Ch. 11 Asset Stripping Arguments Set For December

    A motion asking a Delaware bankruptcy judge to abstain from an asset stripping case by former Chapter 11 debtor Maxus Energy Corp. against Argentine parents YPF SA and Repsol SA will be heard simultaneously with defendants' motion to dismiss the case after the judge said Tuesday that there would be no point in accelerating the abstention arguments.

  • October 16, 2018

    Law Firm Barred From Contacting Madoff Clients About Suit

    A New York magistrate judge has ordered Chaitman LLP not to contact its clients who were victims of Bernie Madoff regarding a suit alleging Helen Chaitman had a conflict of interest in representing them, ruling it was inappropriate for her to urge those clients to decide whether to opt out of the proposed class this early in the process.

  • October 16, 2018

    Teamster Pension Fund Says Tops Hasn't Honored Ch. 11 Deal

    A Teamsters pension fund on Monday asked a New York bankruptcy court to force bankrupt grocery chain Tops Markets LLC to turn over documents related to an earlier lawsuit against a closely associated vendor, arguing that Tops is violating the terms of a May settlement by refusing to do so.

  • October 16, 2018

    Investor Can't Overturn Yukos' Buyer's Bankruptcy Plan

    A New York federal judge has upheld the bankruptcy reorganization of a Luxembourg-based entity created to acquire the financial services arm of former Russian oil giant Yukos Oil Co., saying a minority investor waived his right to challenge the corporate overhaul that wrested away any say he might have in the entity.

  • October 16, 2018

    Madoff Pal Asks To Quash Bid For JPM Docs In Clawback Suit

    A longtime friend of Bernie Madoff accused of receiving $54 million while turning a blind eye toward Madoff’s Ponzi scheme has moved to block a subpoena of his mortgage loan file at JPMorgan by a trustee seeking money for Madoff’s victims, saying in New York federal court that the file is not relevant to the accusations against him.

  • October 16, 2018

    The Path To Becoming A Supreme Court Advocate

    A look at the careers of attorneys who have dominated oral advocacy at the U.S. Supreme Court over the last decade shows a similar path for men and women, with a few key differences. Here’s how the top 10 male and female advocates stack up.

  • October 16, 2018

    Holding Co. Wants $437K Fees Cemented In Arbitration Row

    A Bermuda holdings company urged an Illinois federal judge to disregard the state's bid to either toss or pause a request by the company to confirm an arbitration award that includes $437,000 in attorneys' fees, saying the state is mistaking its action for a lawsuit.

  • 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.

  • 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.

Expert Analysis

  • 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.

  • Why Law Firms Should Monitor The Dark Web

    Anju Chopra

    Dark web monitoring allows law firms to see what sensitive information may have made its way onto the thriving global underground marketplace where cybercriminals buy and sell exposed data. It can also help lawyers advise clients on a wide range of legal and business matters, say Anju Chopra and Brian Lapidus of Kroll.

  • Does Rule 45 Protect Nonparties From Undue Burden?

    Matthew Hamilton

    Interpretations of Rule 45 protections vary but what's clear is that "undue burden" does not mean no burden at all. To avoid the costs of compliance with a subpoena, a nonparty should be ready to demonstrate its disinterest in the litigation and the anticipated cost and burden of compliance, say attorneys at Pepper Hamilton LLP.

  • UCC Incorporation By Reference: An Imperfect Way To Perfect

    Michael Karpen

    The Uniform Commercial Code allows a fair amount of flexibility when it comes to collateral descriptions in UCC-1 financing statements. But given a recent decision in the Puerto Rico bankruptcy, counsel should refrain from relying on extrinsic documents when seeking to perfect a security interest, say attorneys with Troutman Sanders LLP. 

  • The Substantial Substantiation Rules For Code Section 170

    Bryan Camp

    The recent case of Estelle C. Grainger v. Commissioner of Internal Revenue teaches an important lesson about how difficult the substantiation rules in Internal Revenue Code Section 170 can be for large-dollar noncash charitable contributions, says Bryan Camp, a professor at Texas Tech University School of Law.

  • F-Squared And The Lingering Impact Of Kokesh

    Benjamin Mundel

    After the U.S. Supreme Court's ruling last year in Kokesh, a number of companies have tried to challenge government agencies' authority to seek disgorgement absent express statutory authority. While courts have not directly addressed the open question, a recent decision in the F-Squared bankruptcy litigation came close, say Benjamin Mundel and Mackenzi Siebert of Sidley Austin LLP.