Bankruptcy

  • June 12, 2025

    Philly Suburb Retirees Sue Ch. 9 Receiver Over Asset Sale

    A committee of retired city employees sued the Chapter 9 receiver overseeing the city of Chester, Pennsylvania's municipal bankruptcy, arguing that by requiring water system assets be sold to a publicly owned entity, the receiver is forgoing private bids that could generate an extra $270 million for the city's creditors. 

  • June 12, 2025

    Reed Smith Pushes For 2nd Circ. Stay In $102M Award Fight

    Still seeking to represent prebankruptcy owners of international shipping company Eletson Holdings Inc., Reed Smith LLP has asked the Second Circuit to stay a bankruptcy proceeding and a district court action, arguing the reorganized Eletson, now allegedly under common control with a former adversary, has launched a "calculated effort" to seize the company's privileged client information.

  • June 12, 2025

    Kirkland & Ellis Adds Former Ropes & Gray Deals Atty In NY

    Kirkland & Ellis LLP said Wednesday it has welcomed a corporate partner from Ropes & Gray LLP to its New York office, touting her experience with major deals in sectors such as financial services, software, healthcare, industrials, consumer products and retail.

  • June 12, 2025

    Pa. Panel Says Borough Didn't Break Law In Condemning Mall

    A Pennsylvania appellate panel affirmed a decision backing the borough of West Mifflin's condemnation of a local mall, rejecting the property owner's argument that its due process rights were violated.

  • June 11, 2025

    23andMe Shows Need For National DNA Data Law, Sens. Hear

    Senators from both sides of the aisle expressed interest in passing national consumer data privacy legislation during a Wednesday committee hearing inspired by 23andMe Inc.'s Chapter 11 bankruptcy.

  • June 11, 2025

    IP, Health Law Scholars Object To 23andMe Ch. 11 Data Sale

    A number of university scholars urged a Missouri bankruptcy judge to require that DNA testing company 23andMe Holding Co.'s asset sale be contingent on the final buyer maintaining policies that benefit biomedical researchers.

  • June 11, 2025

    Russia Must Face $5B Yukos Award Suit, DC Judge Rules

    At D.C. federal judge on Wednesday denied Russia's bid to nix litigation filed by the financing arm of Yukos Oil Co. to enforce a nearly $5 billion arbitral award, saying the Kremlin's jurisdictional objections fell short.

  • June 11, 2025

    Developer Of Historic Detroit Hospital Campus Files Ch. 11

    The developer of a historic hospital campus in Detroit has launched Chapter 11 proceedings in New York bankruptcy court, listing up to $10 million both in assets and liabilities and disclosing that it fell behind last year on commitments in its agreement with the city.

  • June 11, 2025

    JC Penney Blasts Jackson Walker Bid To Escape Fee Dispute

    J.C. Penney has called on a Texas bankruptcy court to knock down Jackson Walker LLP's bid to escape a fee suit prompted by a yearslong secret romance between a former firm partner and a onetime bankruptcy judge, saying the firm's dismissal bid is "riddled with implausibility, excuse and contradiction."

  • June 11, 2025

    J&J's Beasley Allen DQ Bid Based On 'Innuendo,' Court Told

    A California couple ripped Johnson & Johnson's renewed bid to block two Beasley Allen Law Firm attorneys from representing them in their suit accusing the company of selling carcinogenic talc-based baby powder, arguing the company's opposition is based largely on "innuendo" rather than proof of misconduct by the lawyers.

  • June 11, 2025

    KKR-Backed Auto Parts Co. Blames Tariffs For $4.9B Ch. 11

    Automotive parts manufacturer Marelli Corp filed for Chapter 11 bankruptcy protection Wednesday with $4.9 billion in funded debt, saying tariffs had a severe effect on its business.

  • June 10, 2025

    Fla. Fraud Suit Cited In Threat To $300M Project's Ch. 11 Plan

    The debtors of a $300 million real estate development in Florida cited challenges in working through its Chapter 11 case on Tuesday, telling a federal bankruptcy judge that an insurance heiress's state court lawsuit against her former financial adviser threatens to derail a restructuring plan.

  • June 10, 2025

    States Sue To Block 23andMe From Selling DNA Data In Ch. 11

    A bipartisan coalition of 28 attorneys general has sued 23andMe Inc. in Missouri bankruptcy court seeking to block the genetic-testing company from auctioning off its 15 million customers' personal genetic information without their explicit consent in its ongoing Chapter 11 proceeding.

  • June 10, 2025

    Yukos Says $5B Russia Award Suit Must Proceed

    Yukos Oil Co.'s financing arm has told a D.C. federal court that a recent U.S. Supreme Court decision rejecting the Ninth Circuit's outlier interpretation of a jurisdictional question moots Russia's request that the court pause enforcement of a $5 billion arbitral award against the country.

  • June 10, 2025

    Guo Trustee Eyes Litigation As Clawbacks Stall In Mediation

    The Chapter 11 trustee handling Chinese exile Miles Guo's $374 million Connecticut bankruptcy estate on Tuesday previewed a forthcoming request to terminate clawback mediations and move those proceedings into litigation, saying several defendants have used alternative dispute resolution to stall, rather than settle, his claims.

  • June 10, 2025

    House 23andMe Hearing Raises National Security Concerns

    Lawmakers pressed current and former 23andMe executives during a House Oversight Committee hearing Tuesday over national security and consumer privacy in connection with a planned Chapter 11 sale of 15 million customers' DNA profiles.

  • June 10, 2025

    Farella Braun Wins Partial Fee Award In FDIC Dispute

    A California federal judge has awarded Farella Braun & Martel LLP around $10,000 in attorney fees for the work its lawyers did for the bankrupt parent of Silicon Valley Bank, finding the receiver for the bank, the Federal Deposit Insurance Corp., failed to comply with discovery orders.

  • June 10, 2025

    No Sanctions For Cicis Pizza Investor, Judge Rules

    A Texas state court judge drew short of sanctioning one of the companies that helped bring Cicis Pizza out of bankruptcy, but said Tuesday the company needs to turn over its complete ledger as it pursues a suit challenging allegedly excessive management fees totaling at least $25 million.

  • June 10, 2025

    Green Energy Battery Co. Files Ch. 11 With Sale, Spinoff Plans

    A company that manufactures batteries for green energy projects sought Chapter 11 protection in New Jersey bankruptcy court Tuesday, saying it is planning a spinoff and a sale to deal with its $325 million in debt, and citing an "untenable" liquidity situation and claims asserted by unhappy customers.

  • June 10, 2025

    Biopharma Co. Unit Hopes To Shed Empty Facilities In Ch. 11

    A subsidiary of biopharmaceutical manufacturer National Resilience Holdco Inc. filed for Chapter 11 protection Tuesday in Delaware bankruptcy court with a reorganization plan involving shutting down offices, manufacturing sites and labs it described as "underutilized."

  • June 09, 2025

    Supreme Court Rejects Highland's Bid For Ch. 11 Shields

    The U.S. Supreme Court on Monday denied a bid by hedge fund Highland Capital Management to continue shielding some of the key parties in its Chapter 11 bankruptcy from liability, leaving in place a Fifth Circuit decision that narrowed a bankruptcy court's "gatekeeping" powers to determine who can be sued.

  • June 09, 2025

    Patent Suit Against Sirius XM Gets 2nd Fed. Circ. Reprieve

    The Federal Circuit on Monday revived a patent case against satellite radio company Sirius XM for a second time, reversing a lower court's ruling that a German research foundation's five-year delay in alleging infringement meant it was prohibited from pursuing the case.

  • June 09, 2025

    Liquidation Trustee Sues BofA, Others In Ch. 11 Ponzi Fallout

    The liquidation trustee for the bankrupt National Realty Investment Advisors LLC accused Bank of America and other parties in New Jersey bankruptcy court of aiding or participating in the developer's $664 million Ponzi scheme.

  • June 09, 2025

    Charter School Funding Firm Hits Ch. 11 With Up to $50M Debt

    Charter School Capital Inc., a company that provides funding for charter schools across the country, filed for Chapter 11 protection in Delaware bankruptcy court with up to $50 million in debt, saying it plans to sell the business through the case.

  • June 09, 2025

    Rite Aid Gets Stay Of Appeals From Its Earlier Bankruptcy

    The New Jersey bankruptcy judge overseeing Rite Aid's current insolvency case pressed pause Monday on appeals of orders he entered last year in the drugstore chain's previous Chapter 11.

Expert Analysis

  • Tips For Handling Single Asset Real Estate Bankruptcy Cases

    Excerpt from Practical Guidance
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    Bankruptcy counsel should consider several strategies when representing either a debtor or lender in single asset real estate debtor Chapter 11 cases, which generally arise when a debtor is forced to file for relief to stop an impending foreclosure sale.

  • How Methods Are Evolving In Textualist Interpretations

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    Textualists at the U.S. Supreme Court are increasingly considering new methods such as corpus linguistics and surveys to evaluate what a statute's text communicates to an ordinary reader, while lower courts even mull large language models like ChatGPT as supplements, says Kevin Tobia at Georgetown Law.

  • Why Attorneys Should Consider Community Leadership Roles

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    Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.

  • Ch. 11 Ruling Shows Early Attempt To Tackle Purdue Fallout

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    A Delaware bankruptcy court’s recent ruling in Parlement Technologies’ Chapter 11 case, which denied a bid by Parler’s former owner to extend its bankruptcy stay to nondebtors, illustrates early efforts to grapple with the U.S. Supreme Court's decision in Purdue Pharma for a recurring bankruptcy issue, say Daniel Lowenthal and Jonah Wacholder at Patterson Belknap.

  • 9 Liability Management Tips As Debt Maturity Cliff Looms

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    As the debt maturity cliff swiftly approaches in this challenging environment, attorneys at Winston & Strawn highlight the top considerations for boards of directors and finance professionals to think about when structuring and executing liability management transactions, including reviewing capital structure, evaluating debt covenants, and more.

  • Firms Must Offer A Trifecta Of Services In Post-Chevron World

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    After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.

  • How Cos. Can Leverage IP In Corporate Bankruptcy

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    In light of an increase in year-to-date Chapter 11 filings, businesses must understand the importance and value of intellectual property in corporate bankruptcy and restructuring, from contributing to enterprise value, to providing leverage in negotiations and facilitating recovery, says Gregory Campanella at Ocean Tomo.

  • 5 Tips To Succeed In A Master Of Laws Program And Beyond

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    As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.

  • Series

    Being An Opera Singer Made Me A Better Lawyer

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    My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.

  • Avoiding Retail Bankruptcy As Economic Uncertainty Persists

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    Amid record retail bankruptcies and continued economic uncertainty in 2024, retailers can take specific steps like building stronger cash-flow models, managing inventory wisely and reassessing cost structures to avoid financial distress, say consultants at BRG.

  • How Law Firms Can Avoid 'Collaboration Drag'

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    Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.

  • Banking Compliance Takeaways From Joint Agency Statement

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    Federal bank regulatory agencies’ recent joint statement warning of risks associated with third-party fintech deposit services spotlights a fundamental problem that may arise with bank deposit products that are made through increasingly complex customer relationships, says Tom Witherspoon at Stinson.

  • Opinion

    Litigation Funding Disclosure Key To Open, Impartial Process

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    Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.

  • What NFL Draft Picks Have In Common With Lateral Law Hires

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    Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.

  • Replacing The Stigma Of Menopause With Law Firm Support

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    A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.

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