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Bankruptcy
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August 04, 2025
SVB Says Caymanian Liquidators Can't Claw Back $294M
The former parent of the defunct Silicon Valley Bank Monday asked a New York bankruptcy judge to stop the liquidators of its Cayman Islands branch from clawing back $294 million in dividend payments, saying there is no precedent for giving them standing to sue.
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August 04, 2025
Oil Co., Tokio Marine Unit Settle $24M Bond Dispute
A Tokio Marine unit, an oil and gas company and a property owner have settled a $24 million dispute over outstanding reclamation bonds guaranteeing the proper environmental remediation of oil and gas properties, according to an order dismissing the case filed in Texas federal court.
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August 04, 2025
Womble Bond Adds 20 Attys From Shuttering Nashville Firm
Womble Bond Dickinson announced Monday that it has strengthened its presence in Nashville, Tennessee, by bringing on 20 attorneys from boutique law firm Neal & Harwell PLC, which will cease operations Aug. 31.
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August 04, 2025
NYC Music Venue Operator Hits Ch. 11 After Project Delays
Avant Gardner, a New York City music venue owner, filed for Chapter 11 in Delaware on Monday, saying renovation and permitting troubles at the Brooklyn Mirage, its largest venue, stopped it from hosting events in the space for the 2025 season.
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August 01, 2025
Del. Bankruptcy Judge Will Retain Ga. Dorm Operator's Ch. 11
A Delaware bankruptcy judge refused to move the Chapter 11 bankruptcy of dorm operator Corvias Campus Living-USG LLC to Georgia, entering an order Friday denying a bid by the University System of Georgia's board of regents to relocate the proceedings.
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August 01, 2025
Highland Capital Asks Supreme Court To Clarify Ch. 11 Shields
Hedge fund Highland Capital Management has urged the U.S. Supreme Court to allow it to safeguard some of the key parties in its Chapter 11 bankruptcy from liability and review a Fifth Circuit decision that narrowed the bankruptcy court's "gatekeeping" powers to determine who can be sued.
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August 01, 2025
Long Island Castle Owner Files Ch. 11 To Stall Foreclosure
The owner of a century-old castle on Long Island's Gold Coast filed for Chapter 11 protection late Thursday in New York bankruptcy court, saying it wants to stop a foreclosure sale being forced by its mortgagee lender so the debtor can run a sale process of its own.
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August 01, 2025
4 Mass. Rulings You May Have Missed In July
A cannabis company in the process of going out of business cannot rely on a state court receivership to shield it from creditors in other states, and the owners of shuttered Norwood Hospital can't renew an expired permit issued to bankrupt Steward Health.
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August 01, 2025
Rising Star: Paul Hastings' Lindsey Henrikson
Lindsey Henrikson of Paul Hastings LLP advised Colombian refinery Reficar in a high-stakes global restructuring that preserved a $1.3 billion arbitration award and secured equity in McDermott International, earning her a spot among the bankruptcy law practitioners under 40 honored by Law360 as Rising Stars.
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August 01, 2025
Fiber Internet Co. Everstream Cleared For $385M Ch. 11 Sale
A Texas bankruptcy judge signed off Friday on the going-concern sale of fiber network provider Everstream, which plans to use proceeds from the $384.6 million sale of its business to exit Chapter 11.
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August 01, 2025
4th Circ. Says Court Can Hear Asbestos Spinoff's Ch. 11
The Fourth Circuit Friday found Georgia-Pacific asbestos unit Bestwall can stay in Chapter 11, saying a debtor's financial status has no bearing on whether a bankruptcy court has jurisdiction over its case.
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July 31, 2025
Capital One Says It Is Disputing FDIC Underpayment Claim
Capital One told investors on Thursday that the Federal Deposit Insurance Corp. is trying to make it pay a greater share of cleanup costs from the 2023 regional banking crisis after taking issue with its call reporting, an effort the bank said it is pushing back on.
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July 31, 2025
Casino Developer Must Stay In Involuntary Ch. 7, Judge Finds
A Delaware bankruptcy judge has refused to throw out or convert the involuntary Chapter 7 proceedings launched against the onetime hopeful developer of a casino in Mississippi, concluding the creditors that forced it into bankruptcy did not act in bad faith.
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July 31, 2025
New Orleans Diocese Working On $180M Ch. 11 Plan Docs
The bankrupt Roman Catholic Archdiocese of New Orleans asked a Louisiana judge for additional time Thursday to work on resolving opposition to its Chapter 11 plan disclosure statement that describes a $180 million settlement fund to provide recoveries to victims of childhood sexual abuse.
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July 31, 2025
Sand Miners Hit Ch. 11, Blaming Order Lull, Lender Issues
Two companies that mine and process sand for fracking have filed for bankruptcy in Texas, one estimating it had at least $50 million in debt and the other estimating at least $100 million, and asked to undergo a joint Chapter 11 in response to a liquidity crunch and issues with their secured lender.
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July 31, 2025
Rising Star: Willkie's Stuart Lombardi
Stuart Lombardi of Willkie Farr & Gallagher LLP has worked for bankruptcy clients including families seeking defamation payouts in Alex Jones' insolvency and the representative of as-yet-unknown asbestos claimants in a talc producer's Chapter 11, earning him a spot among the bankruptcy law practitioners under age 40 honored by Law360 as Rising Stars.
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July 31, 2025
Sunnova Cleared To Sell Assets To Lenders In Ch. 11
Solar panel business Sunnova Energy International Inc. secured a Texas bankruptcy judge's blessing Thursday to sell almost all of its assets to a group of lenders for about $118 million.
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July 30, 2025
3rd Circ. Won't Upend Investors' Class Cert. In J&J Talc Suit
A split Third Circuit on Wednesday upheld a New Jersey federal judge's class certification order in a Johnson & Johnson investor action alleging the company artificially inflated its stock price by failing to disclose cancer risks associated with its talcum powder products, finding the lower court did not err in concluding that common issues predominate in the suit.
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July 30, 2025
2nd Circ. Backs Live Well Founder's Bond Fraud Convictions
The Second Circuit affirmed convictions for Live Well's founder for inducing lenders to extend credit by jacking up bond valuations to increase its debt and borrow against it, ruling Wednesday jurors had enough evidence to determine he misrepresented the value of collateral to secure loans and did so with fraudulent intent.
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July 30, 2025
Rhodium Says Cooling System Infringement Claims Barred
Bankrupt cryptocurrency miner Rhodium told a Texas federal bankruptcy judge that a company that creates large scale cooling systems cannot bring patent infringement claims, saying Wednesday the company's claims already failed in a federal district court.
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July 30, 2025
Justices Urged To OK Bankruptcy Courts As Tax Debt Venues
Bankruptcy courts are authorized to decide the amount and legality of nondischargeable tax claims, an Indiana couple told the U.S. Supreme Court in a bid to overturn a Seventh Circuit ruling to the contrary.
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July 30, 2025
Judge Unsure Of Broad Liability Shield Theory In Fraud Suits
A Michigan federal judge on Wednesday pressed an attorney representing automation equipment manufacturers in fraudulent transfer suits on if their argument that their system of layered automated credit payments frees them from liability would allow every business to get around an act designed to prevent fraud in the construction industry.
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July 30, 2025
Celsius Administrator Gets OK To Continue Clawbacks
A New York bankruptcy judge shot down challenges to attempts by the Chapter 11 plan administrator for Celsius Networks to claw back transfers, saying a settlement provision didn't prevent the administrator from pursuing the clawbacks and the transactions fall under U.S. jurisdiction.
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July 30, 2025
Rising Star: Brown Rudnick's Tristan Axelrod
Tristan Axelrod of Brown Rudnick LLP steered bankrupt cryptocurrency platform BlockFi through an $874 million settlement with FTX and a Chapter 11 reorganization that paid creditors in full, earning him a spot among the bankruptcy law practitioners under age 40 honored by Law360 as Rising Stars.
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July 29, 2025
Jackson Walker Gets Another Deal On Judge-Romance Claims
Jackson Walker LLP has reached another settlement with former bankruptcy clients to resolve fee disputes related to the concealed romance of a former partner with the firm and former Texas bankruptcy Judge David R. Jones, according to a motion filed Tuesday in Texas federal court.
Expert Analysis
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Series
Exercising On My Peloton Bike Makes Me A Better Lawyer
While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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Consultants Should Be Aware Of DOJ's Potential New Reach
The U.S. Department of Justice's recent first-of-its-kind settlement with McKinsey & Co. indicates not only the DOJ's more aggressive stance toward businesses' potential criminal wrongdoings, but also the benefits of self-disclosure and cooperation when wrongdoing becomes apparent, says Dom Caamano at Kibler Fowler.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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Justices May Find Gov't Can Keep Fraudulent Transfer Benefit
Based on the justices' questions at the recently argued U.S. v. Miller, the Supreme Court appears prepared to hold that the U.S. — unlike any other creditor — is permitted to retain the benefits of a fraudulent transfer to the detriment of other bankruptcy creditors, says Kevin Morse at Clark Hill.
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When US Privilege Law Applies To Docs Made Outside The US
As globalization manifests itself in disputes over foreign-created documents, a California federal court’s recent trademark decision illustrates nuances of both U.S. privilege frameworks and foreign evidentiary protections that attorneys must increasingly bear in mind, say attorneys at Hunton.
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'Minimal Participant' Bar Is Tough To Clear For Whistleblowers
Under the U.S. Department of Justice’s corporate whistleblower pilot program, would-be whistleblowers will find it tough to show that they only minimally participated in criminal misconduct while still providing material information, but sentencing precedent shows how they might prove their eligibility for an award, say attorneys at MoloLamken.
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What 2024 Trends In Marketing, Comms Hiring Mean For 2025
The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends — from changes in the C-suite to lateral move challenges — providing clues for what’s to come in the year ahead, says Ben Curle at Ambition.
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Opinion
How The Onion Could Still Buy InfoWars
While a Texas bankruptcy judge nixed the sale of InfoWars to The Onion on Tuesday, a slight tweak to the novel mechanism proposed could make the sale approvable, says Christopher Hampson at the University of Florida.
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Series
Group Running Makes Me A Better Lawyer
The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.
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Opinion
6 Changes I Would Make If I Ran A Law School
Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.
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Firms Still Have The Edge In Lateral Hiring, But Buyer Beware
Partner mobility data suggests that the third quarter of this year continued to be a buyer’s market, with the average candidate demanding less compensation for a larger book of business — but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.