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Bankruptcy
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April 24, 2025
3rd Circ. Revives Sanctions For Undisclosed Bankruptcy Fees
Citing a "legal question of significant public importance," a Third Circuit Court of Appeals panel on Thursday reversed a district court's reversal of a bankruptcy judge's sanctioning of Spector Gadon Rosen & Vinci PC for pursuing additional fees initially undisclosed to the court from a bankrupt couple after agreeing to a flat amount.
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April 24, 2025
Chancery Nixes Toss Of Crypto Co. Board Cut Challenge
Stockholders of cryptocurrency mining venture Ionic Digital Inc., formed out of the bankruptcy of Celsius Network LLC in Delaware, beat a motion Thursday to toss their suit challenging a one-seat board reduction, with a trial over the matter and other related claims slated to go forward on May 8.
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April 24, 2025
Silicon Valley Bank Liquidators Fight $41M Bill In Tax Court
The trust responsible for liquidating assets of the shuttered Silicon Valley Bank told the U.S. Tax Court that the IRS has wrongly charged the bank's operator more than $41 million in additional taxes by claiming it didn't substantiate losses and research activities in the years leading up to its bankruptcy.
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April 24, 2025
Texas Memory Care Homes Hit Ch. 11 With $10M+ Debt
A pair of Texas memory care facilities, affiliated with another facility that filed a disputed bankruptcy in December, are seeking Chapter 11 protection in Texas and claiming more than $10 million in liabilities.
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April 24, 2025
Pennsylvania Coal Co. Reaches Cleanup Deal In Ch. 11 Case
Bankrupt coal-mining company Corsa Coal Corp. told a Pennsylvania judge that it had reached a deal with state regulators that resolves a dispute over water source cleanup obligations, with the debtor agreeing to pay $800,000 to be distributed to contaminated water source users.
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April 24, 2025
Guo Ch. 11 Trustee Can Spend $1.6M Maintaining NJ Mansion
The Chapter 11 trustee overseeing Chinese exile Miles Guo's bankruptcy in Connecticut can spend an extra $600,000 to maintain a Mahwah, New Jersey, mansion connected to the convicted fraudster, a judge has ruled.
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April 24, 2025
Fox Rothschild Welcomes 29 New Partners
Fox Rothschild LLP has elevated 29 attorneys in 19 cities and 11 practice groups to partner, and promoted four associates to counsel, the firm announced.
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April 23, 2025
Pool Co. Wants Rival's CEO Arrested For Unpaid $17M Verdict
A U.S. pool parts supplier wants the owner of a rival Chinese business arrested after months of allegedly dodging court orders demanding information on company assets to satisfy a $17 million false advertising and deceptive business practices judgment.
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April 23, 2025
Russia Seeks Stay In $5B Award Stemming From Loan Dispute
The Russian Federation asked a D.C. federal court to pause enforcing a $5 billion arbitration award compensating Yukos Capital for Russia's alleged expropriation of loans while litigation plays out in a U.S. Supreme Court case involving the jurisdiction of American courts over international arbitration agreements.
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April 23, 2025
Dolphin Encounter Co. Says Ex-CEO Took Over HQ By Force
A restructuring professional retained by the bankrupt subsidiaries of The Dolphin Co. said in sworn court filings that the debtor's former CEO seized control of the business's Mexican headquarters earlier this month with the help of a cadre of armed men.
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April 23, 2025
Crypto Co. Drops Suit Against K&L Gates, For Now
A bitcoin mining company has dropped its lawsuit against its former counsel K&L Gates LLP, ending for now its claims that the firm overbilled it and missed a key deadline in a separate bankruptcy action.
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April 23, 2025
Silvergate Settles Securities Class Action For $37.5M In Ch. 11
The parent company of Silvergate Bank has asked a Delaware bankruptcy judge to approve a new deal to settle a securities class action for $37.5 million and resolve a slew of indemnification issues in its Chapter 11, a resolution that the debtor said would save it potentially millions of dollars in legal fees.
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April 23, 2025
Ex-CEO Fires Back At Jackson Walker's Standing Argument
The former CEO of a defunct barge company is fighting to keep alive his lawsuit blaming the company's downfall on the judicial secret romance scandal that has consumed the Texas bankruptcy courts, claiming Jackson Walker LLP is using its own misdeeds to shield itself from liability.
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April 23, 2025
AI Entrepreneur In Talks To Resolve $10M Fraud Case
The founder of an education-based artificial intelligence company accused of fleecing investors of $10 million is in talks with prosecutors to resolve the case, according to a Wednesday letter.
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April 22, 2025
Buffalo Diocese Agrees To Pay $150M To Sex Abuse Survivors
The Roman Catholic Diocese of Buffalo, New York, on Tuesday announced it has reached a $150 million agreement in principle that would settle the diocese's liability for about 900 claims of child sexual abuse.
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April 22, 2025
FTX Ch. 11 Trust Says Ex-Exec's Wife Spent $600K Since Dec.
The FTX Recovery Trust urged a Delaware bankruptcy judge to enjoin the wife of former FTX executive Ryan Salame from spending additional money that the trust said was fraudulently taken from the company before its bankruptcy filing, saying Michelle Bond has spent more than $600,000 since mid-December on legal fees, luxury vacations and credit card bills.
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April 22, 2025
Imerys Ch. 11 Plan Trial Starts With Claims Rep Uncertainty
Several critical legal questions remained open Tuesday in the Chapter 11 cases of talc producer Imerys Talc America and its affiliates as a five-day confirmation trial kicked off, but the Delaware bankruptcy judge presiding over the proceedings said they could begin despite the question marks surrounding the appointment of a future talc claims representative for a foreign co-debtor of Imerys.
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April 22, 2025
23andMe Has Received 'Significant Interest' In Ch. 11 Auction
Genetic testing company 23andMe has received significant interest in the Chapter 11 auction for its assets, its counsel told a Missouri bankruptcy judge Tuesday at a hearing where it received final approval of a $35 million financing package to fund its bankruptcy case.
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April 22, 2025
Judge Approves Prospect Medical's Pa. Hospitals' Closure
A Texas bankruptcy judge on Tuesday approved Prospect Medical Holdings' request to close two Pennsylvania hospitals after the bankrupt operator was unable to secure another entity to run the hospitals despite support from government and community organizations to keep them open.
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April 22, 2025
Chase Bank Can't Ditch Claims It Aided $119M Ponzi Scam
A California federal judge trimmed on Monday SiliconSage Builders LLC receiver's lawsuit accusing JPMorgan Chase of allegedly helping the now-defunct real estate developer carry out a massive $119 million Ponzi scheme, tossing an unjust enrichment claim, but allowing the bulk of the aiding-and-abetting allegations to survive.
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April 22, 2025
Pittsburgh Firm Accused Of Botching $3M Office Rent Row
The owner of a Pittsburgh office building claims mistakes made by attorneys from Meyer Unkovic & Scott LLP cost the company more than $3.3 million in rental income and interest payments, according to a lawsuit filed in federal court Monday.
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April 21, 2025
Contrarian Unit's $3.7B Citgo Bid Gets OK Despite Objections
A Delaware federal judge on Monday approved a Contrarian Capital Management affiliate's floor-setting $3.699 billion bid for Citgo's parent company, adopting the recommendation of a special master despite resistance from other bidders.
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April 21, 2025
Nylon Maker Files Ch. 11 In Texas With More Than $1B Debt
Nylon maker Ascend Performance Materials on Monday filed for Chapter 11 protection in a Texas bankruptcy court, saying it plans to work with its lenders to deleverage its more than $1 billion in debt.
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April 21, 2025
Judge Blocks Pot Co. CEO's Bid To Enforce $1.5M Settlement
The founder of a defunct marijuana greenhouse leasing business cannot reopen an investor class action to enforce a $1.5 million settlement and declare a related bankruptcy action unlawful, a Colorado federal judge has ruled, finding that he has already filed a separate lawsuit asking for the same things.
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April 21, 2025
GenapSys Fights Paul Hastings Bid To Ax Malpractice Suit
GenapSys Inc. is pushing back on Paul Hastings LLP's motion for summary judgment in the legal malpractice suit the gene sequencing company filed, contending it was not required to disclose the legal malpractice suit to a bankruptcy court.
Expert Analysis
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
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A Strategic Checklist For Bankruptcy Motion Objections
Excerpt from Practical Guidance
Hewing to a set of best practices for objecting to a motion in bankruptcy cases can help creditors’ counsel stay on track as they juggle deadlines and jurisdictions, determine whether filing will help or harm the client, and negotiate with the debtor.
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Promoting Diversity In The Selection Of ADR Neutrals
Excerpt from Practical Guidance
Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.
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Series
Playing Ultimate Makes Us Better Lawyers
In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron.
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E-Discovery Quarterly: Recent Rulings On Metadata
Several recent rulings reflect the competing considerations that arise when parties dispute the form of production for electronically stored information, underscoring that counsel must carefully consider how to produce and request reasonably usable data, say attorneys at Sidley.
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The 3rd-Party Bankruptcy Release Landscape After Purdue
In its Purdue Pharma ruling prohibiting nonconsensual third-party releases, the U.S. Supreme Court did not comment on criteria to render a third-party release consensual, opening a debate in the bankruptcy courts on the permissibility of opt-out versus opt-in releases, say attorneys at Morgan Lewis.
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Striking A Balance Between AI Use And Attorney Well-Being
As the legal industry increasingly adopts generative artificial intelligence tools to boost efficiency, leaders must note the hidden costs of increased productivity, and work to protect attorneys’ well-being while unlocking AI’s full potential, says Ed Sohn at Factor.
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Empathy In Mediation Offers A Soft Landing For Disputes
Experiencing a crash-landing on a recent flight underscored to me how much difference empathy makes in times of crisis or stress, including during mediation, says Eydith Kaufman at Alternative Resolution Centers.
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Series
Being An Artist Makes Me A Better Lawyer
My work as an artist has highlighted how using creativity and precision together — qualities that are equally essential in both art and law — not only improves outcomes, but also leads to more innovative and thoughtful work, says Sarah La Pearl at Segal McCambridge.
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How Judiciary Can Minimize AI Risks In Secondary Sources
Because courts’ standing orders on generative artificial intelligence and other safeguards do not address the risk of hallucinations in secondary source materials, the judiciary should consider enlisting legal publishers and database hosts to protect against AI-generated inaccuracies, say attorneys at Lankler Siffert & Wohl.
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How Attorneys Can Break Free From Career Enmeshment
Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.
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Bankruptcy Decision Exemplifies Venue Issue For Franchisees
A California bankruptcy court's decision earlier this month in Pinnacle Foods and a lingering circuit split on assumption of executory franchise contracts highlights the issue of whether franchisee debtors can qualify for case venue in friendlier circuits, says David Gamble at Parkins Rubio.