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Bankruptcy
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September 23, 2025
Ch. 11 Shields Co. From Suit Over Inmate Stroke, Judge Says
A federal judge in North Carolina has dismissed prison healthcare provider Wellpath from a lawsuit brought by the family of a man who died of a stroke inside a Charlotte jail, finding that the company's bankruptcy shields it from liability but allowing claims against a county sheriff and others to continue.
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September 23, 2025
Wilmington Trust Seeks Receiver After $19M Loan Default
A single-asset real estate firm that owns an office building in the Denver Technological Center, or DTC, filed for Chapter 11 and faces a request for a receiver over the building it owns after it defaulted on a $19 million loan last year, according to court filings.
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September 23, 2025
FTX Trust Seeks $1B From Crypto Miner Genesis Digital
The recovery trust created under FTX's Chapter 11 plan has filed a lawsuit in Delaware bankruptcy court that aims to claw back more than $1 billion that FTX's founder invested in Genesis Digital Assets Ltd., accusing the bitcoin mining firm of overinflating its value and projections to secure the funds.
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September 23, 2025
Privy Council Backs Undoing Fund's $230M Madoff Claim Sale
The top appeals court for U.K. overseas territories has endorsed a successful U.S. appeal brought by the liquidator of an overseas Bernard L. Madoff feeder fund to undo its allegedly imprudent sale of its $230 million claim against the Ponzi schemer's defunct firm to a hedge fund.
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September 22, 2025
J&J Ruling Misapplied Goldman Precedent, 3rd Circ. Told
The U.S. Chamber of Commerce and other business organizations are supporting Johnson & Johnson's call for the full Third Circuit to reconsider a ruling that the groups argue could "saddle" companies with investor class-action suits through the misapplication of a recent U.S. Supreme Court ruling.
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September 22, 2025
Spirit Airlines To Furlough 1,800 Workers Amid Ch. 11
Bankrupt budget air carrier Spirit Airlines will furlough one-third of its flight attendants in the coming months as it aims to cut costs in its bankruptcy, Spirit confirmed Monday.
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September 22, 2025
Ligado OK'd For $7.8B Debt-For-Equity Swap Ch. 11 Plan
A Delaware bankruptcy judge Monday agreed to approve telecommunications group Ligado Networks' debt-for-equity swap Chapter 11 plan, overruling the U.S. Trustee's objection over the plan potentially not taking effect for three years.
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September 22, 2025
Feds Oppose Chinese Exile Guo's Bid To Take Ch. 11 Assets
Federal prosecutors in the Southern District of New York have opposed convicted securities fraudster and bankrupt Chinese exile Miles Guo's bid to force the government to take control of assets from his own Connecticut-based Chapter 11 trustee to satisfy a $1.3 billion criminal forfeiture order.
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September 22, 2025
Puerto Rico Finance Board Members Sue Trump Over Firings
Three former members of the Financial Oversight and Management Board for Puerto Rico have sued the Trump administration alleging they were illegally fired without cause last month, asking a judge to block the "unlawful and unconstitutional" action.
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September 22, 2025
Girardi Loses Bid To Avoid Prison During Appeal
Disgraced attorney Tom Girardi will have to wait in prison while he appeals his wire fraud conviction for stealing from his own clients, a California federal judge has ruled.
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September 22, 2025
CVS's Omnicare Hits Ch. 11 After $949M FCA Judgment
Omnicare LLC, CVS Health's subsidiary that provides pharmacy services for long-term care facilities, filed for Chapter 11 bankruptcy relief Monday in Texas following a $949 million judgment against Omnicare and CVS issued by a New York federal judge earlier this year.
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September 22, 2025
Crime-Fraud Exemption Applies To Eletson Docs, Judge Says
Reed Smith LLP has until the end of the day on Monday to turn over a dozen client files related to its prior representation of shipping company Eletson Holdings amid a dispute with rival Levona, after a Manhattan federal judge found probable cause that a fraud was committed in an underlying arbitration.
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September 22, 2025
ProPhase COVID-19 Testing Units Hit Ch. 11 In NJ
Biotechnology company ProPhase Labs Inc. put three of its COVID-19 laboratory testing subsidiaries in Chapter 11 bankruptcy Monday in New Jersey with combined liabilities of more than $13 million, saying it has been underpaid by insurance companies.
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September 19, 2025
Gov't Must Keep Waiting To Pursue Oil Cleanup Claims
A Washington federal judge will continue to pause the U.S. government's claims against two defendants in an environmental cleanup case following a 2021 incident in which a derelict fishing vessel ran aground while being towed off the California coast.
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September 19, 2025
Bankruptcy Firm Fined, Banned For 3 Years Over Disclosures
A Michigan bankruptcy judge has hit Recovery Law Group, a national consumer bankruptcy law firm, with a fine of about $392,000 and a three-year ban on bringing insolvency cases in the Eastern District of Michigan, finding it violated fee disclosure requirements in 220 cases.
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September 19, 2025
FTX Trust Says Bankruptcy Laws Apply To Binance Founder
The recovery trust created by the Chapter 11 plan of cryptocurrency exchange FTX told a Delaware judge late Thursday that the bankruptcy court has jurisdiction over Binance and its founder in a $1.76 billion clawback suit, and that bankruptcy laws apply to entities outside the United States.
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September 19, 2025
Co. Tied To Lehman Ex-Restructuring Chief Faces Loan Suit
A holding company linked to Lehman Brothers' post-2008 era restructuring professional defaulted on a commercial loan secured by a large office building and now owes a reinsurer about $19.5 million, according to a lawsuit brought in North Carolina's business court.
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September 19, 2025
MMA Law Inks Deals With Firms, Insurance Group
A Texas bankruptcy judge has signed off on a series of settlements worth $2.6 million to resolve claims brought by bankrupt MMA Law that other law firms and parties were holding back money it was owed for representing Louisiana hurricane victims.
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September 19, 2025
Polsinelli Adds ArentFox Schiff Bankruptcy Pro In NY
Polsinelli PC has expanded its bankruptcy team in New York with the addition of an attorney from ArentFox Schiff LLP.
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September 19, 2025
Rite Aid Gets OK To Seek Votes On Dual-Track Ch. 11 Plan
A New Jersey bankruptcy judge on Friday approved drugstore chain Rite Aid's bid to take votes on a Chapter 11 plan as the debtor weighs whether to complete a deal with McKesson Corp. or formally seek to dismiss its bankruptcy case.
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September 18, 2025
Prospect Medical Says It May Drop Stay On Tort Cases
Counsel for Prospect Medical Holdings on Thursday told a Texas bankruptcy judge that talks to establish a procedure for handling tort claims in the hospital operator's Chapter 11 case have deadlocked, and it's prepared to let hundreds of tort claimants go back to the courthouse.
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September 18, 2025
SafeMoon Ch. 7 Trustee Pitches $12M Settlement
Cryptocurrency asset company SafeMoon US LLC's Chapter 7 trustee has asked a Utah bankruptcy judge to approve a settlement for a class action alleging the company defrauded investors, saying the deal to pay plaintiffs at least $12 million is fair and wise.
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September 18, 2025
Firms Look To Drop Shareholder Client Sapien In Linqto Ch. 11
Lawyers for Sapien Group, a shareholder that has taken an active role in investment platform Linqto's Chapter 11 in Texas, have asked to withdraw from the case — saying their client has not paid outstanding legal bills.
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September 18, 2025
Natixis Seeks Privacy Monitor For Madoff Document Handover
French investment manager Natixis wants a court-ordered international privacy monitor to oversee its transfer of discovery materials to the trustee administering the bankruptcy estate of Bernard Madoff in the trustee's $214 million clawback lawsuit against it.
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September 18, 2025
Medical Staffing Co. Trustee Says Ex-Execs Drained Funds
The liquidation trustee for bankrupt medical staffing company American Physician Partners has told a Delaware bankruptcy judge that former top executives drained the company with millions in unauthorized bonus payments and "made-up" consultation fees.
Expert Analysis
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Perfecting Security Interests In Renewable Energy Tax Credits
The ability to transfer renewable energy tax credits has created new opportunities for developers, investors and lenders, but it also raises important questions regarding when and how the security interests in these credits are perfected — questions that must be answered definitively to protect credit claims and transactions, says Harry Teichman at Stinson.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.
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What To Know About NAIC's Risk-Based Capital Task Force
Attorneys at Debevoise outline key details of the Risk-Based Capital Model Governance Task Force, which was recently launched by the National Association of Insurance Commissioners, including the task force's objectives, and potential implications for insurers and their investment strategies.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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3 Del. Bankruptcy Cases Highlight US Trustee Objections
As three recent Delaware bankruptcy cases show, debtors who seek approval of a stalking horse bid protections agreement should be prepared for the U.S. Trustee Office's objections, including if the proposed classification for the bid protections is a superpriority administrative expense claim, says Kyle Arendsen at Squire Patton.
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Series
Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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A Judge's Pointers For Adding Spice To Dry Legal Writing
U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.
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Lessons Learned From SAS' Flight Through Chapter 11
Scandinavia's SAS is the first European airline to find its wings through the U.S. Chapter 11 process since COVID-19 rocked the aviation industry — and while the process involved some familiar steps, certain complex jurisdictional issues and non-U.S. stakeholders required the carrier to venture into uncharted airspace, says Emily Hong at Norton Rose.
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Bankruptcy Ruling Provides Guidance On 363 Asset Sales
HE v. Avadim Holdings, a recent ruling from the District of Delaware, underscores the principle that rejection of executory contracts does not unwind completed transfers of property and the importance of clear and precise language in sale orders and asset purchase agreements in bankruptcy cases, say attorneys at Eversheds Sutherland.
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A Look At The Student Loan Case Pending At Supreme Court
The Trump administration is likely to drop the U.S. Supreme Court case of U.S. Department of Education v. Career Colleges and Schools of Texas after its review of the 2022 borrower defense to repayment rule, but any outcome will be significant for institutions participating in programs covered by Title IV of the Higher Education Act, say attorneys at Duane Morris.
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from Practical Guidance
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.
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Series
Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.