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Bankruptcy

  • September 14, 2018

    DOJ Warns Against Fraud In Kaiser Asbestos Trust Plan

    The Department of Justice has filed a statement of interest in the asbestos-centric bankruptcy of Kaiser Gypsum Co., warning that it won't tolerate any continuation of the "fraud, abuse and mismanagement" that have plagued the asbestos trust system in recent years.

  • September 14, 2018

    Actresses Get 'Road Map' To File New Weinstein Class Suit

    Counsel for the actresses accusing Harvey Weinstein of sexual assault in a putative class action say a New York federal judge gave them a “road map” to a stronger case when he dismissed their claims this week.

  • September 14, 2018

    Lehman Judge Looks Back On Historic Case 10 Years Later

    Ten years ago, Lehman Brothers filed the largest bankruptcy in history, an event that accelerated the global financial crisis and inspired a new regime of banking regulation. Judge James Peck spoke with Law360 about the gravity of Lehman's historic filing and how his prior work helped him steward the case. This is the first in a three-part series looking back at Lehman's collapse.

  • September 13, 2018

    Puerto Rico Creditors Blast GDB Deal As It Clears Hurdle

    Puerto Rico’s creditors and its financial oversight board clashed Thursday over the proposed $4.1 billion restructuring of the island’s Government Development Bank, with creditors deriding it as a “home-baked bankruptcy” that would shield corrupt bankers from scrutiny even as the bank’s own creditors overwhelmingly approved the deal.

  • September 13, 2018

    McKinsey Denies Conflicts Of Interest In ANR Ch. 11 Case

    Consulting giant McKinsey & Co. on Wednesday asked a Virginia bankruptcy court to reject calls to reopen the Alpha Natural Resources Chapter 11 case over allegations of conflicts of interest, saying it did not know of the alleged conflicts and would have had no duty to disclose the ties at issue.

  • September 13, 2018

    Green Field Trustee Gets $17M From Ex-CEO In Ch. 11 Suit

    The liquidation trustee of reorganized debtor Green Field Energy Services Inc. will be able to recover nearly $17 million from the former CEO of the company after a Delaware bankruptcy judge decided Wednesday that he is liable for breaching a contract with the company and depriving it of needed financing.

  • September 13, 2018

    3rd Circ. Leaves EFH Off Hook For $275M Breakup Fee

    A divided Third Circuit panel on Thursday upheld a decision relieving the bankrupt Energy Future Holdings Inc. from paying a $275 million termination fee after a deal to sell its interest in a power distribution system to NextEra Inc. failed to win approval from Texas utility regulators.

  • September 13, 2018

    M&G Ch. 11 Exit For Some European Affiliates OK'd In Del.

    A Delaware bankruptcy judge approved a deal Thursday to release three European affiliates from plastics-maker M&G USA Corp.’s Chapter 11 case, conditioned in part on immunity agreements and affiliate efforts to prune as much as $600 million from creditor claims in Mexico.

  • September 13, 2018

    Heritage Home Secures Ch. 11 Approval For Asset Sale

    Bankrupt furniture retailer Heritage Home Group LLC received approval in Delaware on Thursday for a Chapter 11 sale of “nonluxury” product inventories in stores and distribution centers, days ahead of a bid deadline and auction for the company’s pricier lines.

  • September 13, 2018

    Mass. AG Says Ch. 7 Won't Save For-Profit School From Suit

    The Massachusetts Attorney General's Office told a Delaware bankruptcy judge on Thursday that federal protections in Education Management Corp.'s Chapter 7 should not prevent the state from proceeding with a lawsuit against one of its for-profit schools seeking damages on behalf of students.

  • September 12, 2018

    NY Developer Faces Collection Action After 'Lavish' Pics

    A construction executive misused money meant for a luxury New York City condominium project and failed to repay a related $4 million loan while flaunting his “lavish lifestyle” on Instagram, a group of lenders said in a collection action filed Tuesday in state court.

  • September 12, 2018

    Unmanifested Defects Claims OK'd In GM Ignition Switch MDL

    A New York federal judge Wednesday found plaintiffs in dozens of states in the General Motors ignition switch MDL can recover damages even if the alleged defect never manifested and can recover earnings lost while dealing with the defect.

  • September 12, 2018

    NY DA Fights Weinstein's Bid To Dodge Rape Charges

    The Manhattan District Attorney urged a state judge on Wednesday to reject Harvey Weinstein’s effort to see grand jury materials and dismiss the sexual assault and rape charges against him, saying its investigation was proper and that Weinstein has gotten all the information he is entitled to.

  • September 12, 2018

    Law Schools Struggle To Find Themselves In Post-Recession Market

    Classes on blockchain and artificial intelligence. Crash courses in business and financial markets. These are a few ways law schools are preparing students for a job market that is struggling in the wake of the recession.

  • September 12, 2018

    Deloitte Not Liable For Cable Co.'s Collapse, Judge Says

    A Pennsylvania state judge has determined that conscious business decisions made by an entity connected to the defunct Adelphia Communications Corp. barred claims that Deloitte & Touche LLP failed to uncover financial misdealings that led to the cable company’s 2002 collapse.

  • September 12, 2018

    Applebee’s Left Struggling Franchisee In Limbo, Judge Told

    Applebee’s deceived franchisee RMH Franchise Holdings Inc. in the months leading up to RMH’s bankruptcy filing by giving it vague and ambiguous warnings about terminating its franchise agreements, RMH told a Delaware judge Wednesday.

  • September 12, 2018

    Ex-Trenk DiPasquale Client Aims To Sink Unpaid Fees Ruling

    A New Jersey construction business should not have been held liable for all of Trenk DiPasquale Della Fera & Sodono PC’s unpaid legal bills when most of its work was done on behalf of other related parties, the company’s attorney told a state appellate panel Wednesday in seeking to overturn a judgment in the firm’s favor.

  • September 12, 2018

    Kraus Carpet Gets Approval For Ch. 15 Protection In Del.

    A Delaware bankruptcy judge on Wednesday approved a provisional order establishing Chapter 15 protections on Ontario-based flooring company Kraus Carpet Inc.'s U.S. assets as the company pursues a bankruptcy sale in Canada.

  • September 12, 2018

    Kasowitz Benson Snags Restructuring, Bankruptcy Pro

    Kasowitz Benson Torres LLP has hired away a bankruptcy pro from Diamond McCarthy LLP to join Kasowitz Benson's Houston office as a partner in its bankruptcy and restructuring litigation practice.

  • September 11, 2018

    How A 'Lost Generation' Of Associates Bounced Back

    Caught in a whirlwind of firm dissolutions and layoffs, thousands of associates were thrust into one of the worst job markets in history a decade ago. While some have rebounded, others are still feeling the lingering effects of the financial crisis on their careers.

Expert Analysis

  • Series

    Cities In Distress: What Chicago's Bankruptcy May Look Like

    Adam Levitin

    In the five years since Detroit filed for Chapter 9 bankruptcy, people have wondered which big city will be next. But the next big-city bankruptcy will not be about one local government in crisis. It is more likely to be a crisis involving many overlapping local governments, in a place like Chicago, say Adam Levitin of Georgetown University and David Schleicher of Yale University.

  • Opinion

    Law Schools Must Take A Stand Against Mandatory Arbitration

    Isabel Finley

    Later this week, Harvard Law students will begin bidding on interview slots with the nation’s top law firms. Our institutions owe it to their students not only to require firms to disclose mandatory arbitration provisions in new associate contracts, but also to bar employers from on-campus recruiting if they require these provisions, says Isabel Finley, a third-year student at Harvard Law School and president of the Harvard Women’s Law Association.

  • Myths And Facts About Using TAR Across Borders

    John Tredennick

    Many legal teams involved in cross-border matters still hesitate to use technology assisted review, questioning its ability to handle non-English document collections. However, with the proper expertise, modern TAR can be used with any language, including challenging Asian languages, say John Tredennick and David Sannar of Catalyst Repository Systems.

  • The Path To Restitution After Lagos

    Shannon Murphy

    While the U.S. Supreme Court's decision in Lagos eliminated the traditional way that many corporate victims recouped investigation costs, there still may be ways for at least a subset of those costs to be recovered, say Shannon Murphy and Steven Grimes of Winston & Strawn LLP.

  • Roundup

    From Lawmaker To Lawyer

    From Lawmaker To Lawyer

    Earlier this year, Rep. Trey Gowdy, R-S.C., made headlines with his decision to leave Congress and return to law. ​​In this series, former members of Congress who made that move discuss how their experience on the Hill influenced their law practice.

  • Opinion

    A Trump Supreme Court Nominee Can Be Defeated

    Nan Aron

    The Senate Republican leadership and the Trump administration are racing to fill Justice Anthony Kennedy’s spot on the U.S. Supreme Court. Does opposition to their plans have any chance of success? My answer is yes, because the stakes are so high, people are so engaged, and the records of those short-listed are so deeply troubling, says Nan Aron, president of Alliance for Justice.

  • Limiting Law Firms' Professional Liability Risks: Part 3

    Stuart Pattison

    As clients increasingly look to limit their own liability exposure, they can reasonably expect that their retained counsel should do the same. In this context, a carefully crafted, thoughtfully presented engagement letter can help a law firm strike a successful balance between protecting itself and preserving a client relationship, say Stuart Pattison and John Muller of Sompo International Holdings Ltd.

  • New Stats On Millennial Attorney Disciplinary Actions

    Jean Edwards

    In this analysis of disciplinary action trends in the legal industry, Edwards Neils LLC managing member Jean Edwards examines data provided by bar organizations for 17 states and the District of Columbia.

  • In A Health Provider Restructuring, Beware The Master Lease

    Steven Horowitz

    A health care operator in financial distress may consider a number of nonbankruptcy options to streamline its operations, dispose of underperforming assets and improve its position. However, an operator with significant assets in a master lease may find that the lease imposes a variety of restrictions, say attorneys with Cleary Gottlieb Steen & Hamilton LLP.

  • Limiting Law Firms' Professional Liability Risks: Part 2

    Stuart Pattison

    With law firms increasingly exposed to professional liability risks associated with their corporate client relationships, firms must craft well-structured client engagement letters to help protect against malpractice claims. Two key elements of an engagement letter are how it defines the scope of engagement and how it handles conflicts of interest, say Stuart Pattison and John Muller of Sompo International Holdings Ltd.