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Bankruptcy
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November 26, 2025
Ex-Media Exec Launches Counter Fees Bid In Severance Fight
A former media executive is pushing back on Morgan Lewis & Bockius LLP's demand for more than $500,000 in legal fees, arguing that a New Jersey federal court should instead award him more than $600,000 in fees because he is actually the prevailing party in a suit against his former employer over severance pay.
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November 25, 2025
Judge Gives Conditional OK To American Signature DIP Plan
A Delaware bankruptcy judge said Tuesday that she will approve home furnishing retailer American Signature Furniture's bid for interim approval of post-petition financing, after giving a mixed response to objections from the Office of the U.S. Trustee.
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November 25, 2025
Bitcoin Depot Unit Hit With $18.5M Arbitration Award
The parent of a Canadian company that develops software allowing global network users to deposit cash for Bitcoin or exchange Bitcoin for cash said its subsidiary was hit with an $18.47 million arbitral award in a dispute with a bankrupt operator of cryptocurrency ATMs.
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November 25, 2025
New Complaint Says Ex-Execs Turned Steward Into 'Zombie'
Bankrupt hospital operator Steward Health has filed hundreds of millions in new claims in Texas bankruptcy court against its former CEO and other executives, including allegations that they orchestrated a sale-leaseback deal that rendered the business an insolvent "zombie."
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November 25, 2025
11th Circ. Backs Exclusion Of $80M Asset Valuation
The Eleventh Circuit ruled Monday that a bankruptcy judge did not err in excluding an expert's $80 million valuation of bankrupt title insurance underwriter ATIF Inc.'s 2015 transfer of two pieces of real estate along with intellectual property assets to Old Republic National Title Insurance Co.
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November 25, 2025
Nicklaus Golf Co. Gets OK For $10M Ch. 11 Loan
A Delaware bankruptcy judge Tuesday gave sporting gear and golf course design company Nicklaus Cos. permission to tap $10 million in Chapter 11 financing, even though counsel for founder and pro golf legend Jack Nicklaus said he was disputing the bulk of the company's debts.
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November 25, 2025
Solar Energy Co. PosiGen Hits Ch. 11 After Loan Breach Suit
Solar energy company PosiGen has entered into bankruptcy in Texas lugging at least $100 million in debt roughly a month after it was sued in a case alleging a breach of loan agreements.
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November 24, 2025
Investor Alleges Real Estate Fund Fraud In Del. Suit
Alleging Ponzi scheme-like conduct, limited partners in Florida-based Whitestone Real Estate Fund III (GP) accused the business and its affiliates of shuffling through hundreds of related party transactions without board approval, in an 11-count Delaware Court of Chancery suit that includes fraud claims and seeks appointment of a receiver.
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November 24, 2025
Rite Aid's Ch. 11 Plan Advances Over US Trustee Objection
A New Jersey bankruptcy judge said he would confirm the Chapter 11 plan of drug store chain Rite Aid after overruling the U.S. Trustee's objection to the opt-out mechanism for obtaining creditor support for third-party releases.
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November 24, 2025
Catching Up With Delaware's Chancery Court
The Delaware Chancery Court last week delivered a packed mix of fraud allegations, merger fallout, corporate-governance reforms and jurisdictional fights, while a new academic report ignited debate over attorney fee awards in Delaware's influential corporate forum.
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November 24, 2025
Ophthalmic Co. Hits Ch. 11 With $64M Debt, Eyeing Sale
Clearside Biomedical, a company developing treatments for eye diseases, has filed for Chapter 11 protection in Delaware bankruptcy court with $64 million in debt, saying it will attempt to sell its business during the case.
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November 24, 2025
American Signature Furniture Hits Ch. 11 With Sale Plan
Home furnishing retailer American Signature Furniture filed for Chapter 11 protection in Delaware on Saturday with a plan to close 33 of its stores and sell the remainder of its business to affiliates of its current owners.
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November 24, 2025
Justices Won't Hear Dispute Over So-Called Ch. 11 Double Dip
The U.S. Supreme Court on Monday said it will not hear arguments on whether a Texas bankruptcy judge allowed unsecured creditors to double-dip on their recoveries when he handed them control of bankrupt oil driller Sanchez Energy.
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November 21, 2025
'No Evidence' New Info Backs J&J Unit's Libel Suit, Court Told
A doctor being sued by Johnson & Johnson's bankrupt talc subsidiary pushed back on the unit's bid to revive its trade libel claim over a scientific article she wrote linking asbestos in talc to mesothelioma, arguing it failed to cite any evidence that undermines the court's finding that the article was a nonactionable statement of scientific opinion.
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November 21, 2025
Nicklaus' Golf Cos. File Ch. 11 With $500M+ Liabilities
Nicklaus Companies LLC, the sporting gear and golf course design company founded by legend Jack Nicklaus, and 11 affiliates filed for bankruptcy in Delaware on Friday, as it disputes a $50 million jury award in favor of the 85-year-old retired golfer in his defamation suit against the company.
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November 21, 2025
Stay Denied In Ch. 11 Suit Over $100M Special Needs Fraud
A Florida bankruptcy judge on Friday declined to halt an adversary class action against a Texas bank accused of aiding the alleged $100 million theft from a special needs trust, allowing document discovery to proceed while the bank's motion to toss the case is pending.
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November 21, 2025
3rd Circ. Rejects Boy Scout Abuse Claimants' Fee Requests
The Third Circuit on Friday backed the denial of $21 million in counsel fees to the Coalition of Abused Scouts for Justice as tort claimants in the Boy Scouts of America's bankruptcy case, ruling that the organization was not a creditor entitled to recoup money from the estate.
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November 21, 2025
Fenwick & West Must Face New Claims In FTX Crypto MDL
A Florida federal judge signed off on a bid to file new claims against Fenwick & West LLP by victims of the infamous FTX Trading Ltd. cryptocurrency scam after they argued that new information had emerged about the firm's alleged role in the trading platform's collapse.
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November 21, 2025
Ex-US Trustee Director's Firing Appeal Tossed, For Now
The former head of the U.S. Department of Justice's bankruptcy watchdog program had her appeal challenging her abrupt firing dismissed, at least for now, while a federal agency mulls questions around executive power in separate cases.
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November 21, 2025
Ex-Gordon Rees Atty Reprimanded For Mistakes Blamed On AI
An Alabama bankruptcy judge won't sanction Gordon Rees Scully Mansukhani LLC for a filing submitted by one of its former lawyers that contained mistakes blamed on artificial intelligence, but has reprimanded the attorney and ordered her to notify her clients about the reprimand.
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November 20, 2025
NoMo SoHo Hotel Owner Seeks $125M Sale In Ch. 11
A New York bankruptcy judge agreed Thursday to approve sale procedures for the insolvent owner of the NoMo SoHo Hotel in Manhattan, setting it on a path to wrap up the process in just 20 days.
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November 20, 2025
Chancery Says $33M Nikola Deal 'More Than Fair'
Delaware Chancellor Kathaleen St. J. McCormick granted final approval Thursday to a pair of settlements totaling more than $33 million, including more than $1.8 million in fees and expenses, resolving years of shareholder litigation tied to Nikola Corp.'s fraud-shadowed SPAC merger.
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November 20, 2025
2nd Circ. Nixes REIT's CLO Fund Mismanagement Claims
The Second Circuit has backed the dismissal of mismanagement and fraud counterclaims lodged by a real estate investment trust and its subsidiary in a dispute involving a collateralized loan-obligation investment fund, ruling that related agreements for the fund don't support their counterclaims.
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November 20, 2025
Judge Raises Sanctions In Eletson Affiliate Ownership Row
The New York bankruptcy judge overseeing Eletson Holdings' Chapter 11 case has raised sanctions against three Cypriot corporations connected to the shipping company's former owners to $5,000 a day for failing to reverse changes to the board of an Eletson affiliate.
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November 20, 2025
Unlockd Is Latest Google Foe To Seek Judge's Recusal
Unlockd Media has become at least the second Google antitrust foe to seek the recusal of U.S. District Judge Haywood S. Gilliam Jr. over his close relationship with Google's vice president for litigation and discovery.
Expert Analysis
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E-Discovery Quarterly: Rulings On Relevance Redactions
In recent cases addressing redactions that parties sought to apply based on the relevance of information — as opposed to considerations of privilege — courts have generally limited a party’s ability to withhold nonresponsive or irrelevant material, providing a few lessons for discovery strategy, say attorneys at Sidley.
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Opinion
Section 1983 Has Promise After End Of Nationwide Injunctions
After the U.S. Supreme Court recently struck down the practice of nationwide injunctions in Trump v. Casa, Section 1983 civil rights suits can provide a better pathway to hold the government accountable — but this will require reforms to qualified immunity, says Marc Levin at the Council on Criminal Justice.
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Series
Playing Soccer Makes Me A Better Lawyer
Soccer has become a key contributor to how I approach my work, and the lessons I’ve learned on the pitch about leadership, adaptability, resilience and communication make me better at what I do every day in my legal career, says Whitney O’Byrne at MoFo.
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Series
Law School's Missed Lessons: Learning From Failure
While law school often focuses on the importance of precision, correctness and perfection, mistakes are inevitable in real-world practice — but failure is not the opposite of progress, and real talent comes from the ability to recover, rethink and reshape, says Brooke Pauley at Tucker Ellis.
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23andMe Fine Signals ICO's New GDPR Enforcement Focus
Many of the cybersecurity failures identified by the Information Commissioner’s Office in its investigation of 23andMe, recently resulting in a £2.3 million fine, were basic lapses, but the ICO's focus on several new U.K. General Data Protection Regulation considerations will likely carry into the future, say lawyers at Womble Bond.
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Series
Adapting To Private Practice: From ATF Director To BigLaw
As a two-time boomerang partner, returning to BigLaw after stints as a U.S. attorney and the director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, people ask me how I know when to move on, but there’s no single answer — just clearly set your priorities, says Steven Dettelbach at BakerHostetler.
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4 In-Flux Employment Law Issues Banks Should Note
Attorneys at Ogletree provide a midyear update on employment law changes that could significantly affect banks and other financial service institutions — including federal diversity equity and inclusion updates, and new and developing state and local artificial intelligence laws.
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Series
Playing Baseball Makes Me A Better Lawyer
Playing baseball in college, and now Wiffle ball in a local league, has taught me that teamwork, mental endurance and emotional intelligence are not only important to success in the sport, but also to success as a trial attorney, says Kevan Dorsey at Swift Currie.
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Series
Ohio Banking Brief: All The Notable Legal Updates In Q2
Ohio's financial services sector saw several significant developments in the second quarter of 2025, including a case that confirmed credit unions' setoff rights, another that established contract rights between banks and cardholders, and the House passage of a digital asset bill, say attorneys at Frost Brown.
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A Deep Dive Into 14 Nixed Gensler-Era SEC Rule Proposals
The U.S. Securities and Exchange Commission last month formally withdrew 14 notices of proposed rulemaking, including several significant and widely criticized proposals that had been issued under former Chair Gary Gensler's leadership, signaling a clear and definitive shift away from the previous administration, say attorneys at Dechert.
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Series
Law School's Missed Lessons: Skillful Persuasion
In many ways, law school teaches us how to argue, but when the ultimate goal is to get your client what they want, being persuasive through preparation and humility is the more likely key to success, says Michael Friedland at Friedland Cianfrani.
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Special Committees Gain Traction In Chapter 11 Investigations
Excerpt from Practical Guidance
Tara Pakrouh at Morris James discusses why special committees are becoming more common in Chapter 11 bankruptcies, how they've been used in real cases and what makes them effective.
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Litigation Inspiration: How To Respond After A Loss
Every litigator loses a case now and then, and the sting of that loss can become a medicine that strengthens or a poison that corrodes, depending on how the attorney responds, says Bennett Rawicki at Hilgers Graben.
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The Metamorphosis Of The Major Questions Doctrine
The so-called major questions doctrine arose as a counterweight to Chevron deference over the past few decades, but invocations of the doctrine have persisted in the year since Chevron was overturned, suggesting it still has a role to play in reining in agency overreach, say attorneys at Crowell & Moring.
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Ch. 7 Ruling Is Warning For Merchant Cash Advance Providers
A New York bankruptcy court’s recent ruling in favor of a Chapter 7 trustee for the bankruptcy estate of JPR Mechanical shows merchant cash advance providers why superficial agreement labels will not shield against preference liability, and serves as a guidepost for future contract drafting, say attorneys at Eversheds Sutherland.