Large Cap

  • May 02, 2024

    InfoWars Discharge Fight Delayed Until Ch. 11 Plan Hearings

    A dispute between Alex Jones and his InfoWars radio show business on one side, and the families of Sandy Hook shooting victims on the other about whether defamation judgments can be discharged in bankruptcy will be pushed until after Chapter 11 plan proposals are heard by the court.

  • May 01, 2024

    Enviva's $500M DIP Approved With Shareholder Rights Intact

    Enviva Inc. received permission Wednesday from a Virginia bankruptcy judge to tap a $500 million debtor-in-possession financing package that includes a provision allowing existing shareholders to chip in up to $100 million to help fund the wood pellet maker's Chapter 11 case.

  • May 01, 2024

    Madoff Investor Asks High Court To Overturn Clawback Math

    An investor in Bernie Madoff's Ponzi scheme asked the U.S. Supreme Court Wednesday to overturn a Second Circuit decision on how to calculate the amount of investor withdrawals that can be clawed back to the Madoff bankruptcy estate, saying the panel misquoted a prior circuit ruling.

  • May 01, 2024

    5 Key Moments In Vice Media's Bankruptcy

    Once valued at $5.7 billion, Vice Media Group on Tuesday took an important step towards a bankruptcy exit as a smaller, more streamlined company when a New York judge said he would approve the company's liquidation plan, following a nearly year-long spell in Chapter 11.

  • May 01, 2024

    99 Cents Pursues $2.5M Store Leases Sale To Dollar Tree

    Discount retail chain 99 Cents Only urged a Delaware bankruptcy court Wednesday to let it accept a $2.5 million offer from Dollar Tree to potentially take over the debtor's leases at 58 recently closed stores, as it works to quickly wind down in Chapter 11.

  • May 01, 2024

    Judge Enjoins Baseball Bat Cos. In Fla. Trademark Fight

    A pair of companies owned by ex-MLB player Yoenis Céspedes have won a preliminary injunction against several businesses in an intellectual property dispute in Florida federal court over baseball bats, saying the former New York Mets outfielder's companies are likely to succeed on a trademark claim.

  • May 01, 2024

    Kirkland Rips 'Tortured' Theory In Texas Judge Romance Suit

    Kirkland & Ellis LLP's inclusion in a Texas federal suit accusing it of conspiring with Jackson Walker LLP, a disgraced Texas bankruptcy judge and a former Jackson Walker partner who was his romantic partner to oust a CEO is based on "a tortured theory" and "flimsy facts," the firm declared.

  • May 01, 2024

    J&J Proposes $6.5B Deal To End Ovarian Cancer Claims

    Johnson & Johnson said Wednesday it is proposing a prepackaged reorganization plan for its talc unit that will pay out $6.5 billion to resolve claims that its talc-based baby powder caused ovarian cancer, if a supermajority of claimants agree to the plan.

  • April 30, 2024

    Attys Barred From Practicing Over Ch. 13 Real Estate Scams

    Enforcement actions against two consumer bankruptcy attorneys who admitted they hid their involvement in schemes to acquire their clients' homes during Chapter 13 proceedings have resulted in sanctions barring them from practicing in certain districts, the U.S. Department of Justice's Trustee Program announced Tuesday.

  • April 30, 2024

    Vice Media Gets OK For Ch. 11 Liquidation Plan

    A New York bankruptcy judge said at a hearing Tuesday he would confirm Vice Media's Chapter 11 liquidation plan, following a $350 million sale last year.

  • April 30, 2024

    Judge Tosses LTL's Suit Over Article Linking Talc To Cancer

    A New Jersey federal judge on Tuesday tossed a suit from the bankrupt talc unit of Johnson & Johnson accusing three doctors of damaging its business through a medical journal article it claimed was backed by "junk science," ruling that the doctors having served as expert witnesses in the Garden State is not enough to show that the court has jurisdiction over its claims.

  • April 30, 2024

    When Philly Newspapers Cast Credit Bidding Into Doubt

    Credit bidding is a regular feature of many bankruptcy asset sales now. But for a brief spell more than a decade ago, the case of Philadelphia Newspapers gutted the idea that secured lenders were entitled to include the outstanding amount owed on their loans as part of an offer to buy assets.

  • April 30, 2024

    Byju's Can Question Hedge Fund Boss About Missing $533M

    A Delaware bankruptcy judge ruled Tuesday that the insolvent U.S. affiliate of Indian education technology giant Byju's and its creditors may depose Camshaft Capital's chief executive, as they work to locate and recoup some $533 million they said was fraudulently transferred to the hedge fund.

  • April 30, 2024

    Atty Wants Out Of 'Coup' Suit Over Judge Romance

    The former Jackson Walker LLP attorney whose secret relationship with a Texas judge ignited an ethics scandal wants out of a racketeering suit accusing her of "orchestrating a coup" in a bankruptcy case, calling the suit a "dubious" attempt to blame her for an ex-CEO's "disastrous" mismanagement of his family business.

  • April 30, 2024

    Genova Burns Adds Labor, Bankruptcy Attys In Philly, NJ

    Genova Burns LLC expanded its offices in the Philadelphia area and New Jersey this week with the additions of attorneys specializing in labor and bankruptcy law.

  • April 30, 2024

    Moritt Hock Adds 3 Attorneys In NYC, Garden City Offices

    Moritt Hock & Hamroff LLP has hired an associate and counsel and has rehired a former corporate associate who spent three years working for the firm, according to a Monday announcement.

  • April 29, 2024

    Terraform Says SEC's $5.4B Sanction Bid Fails Under Morrison

    Crypto firm Terraform Labs and its founder Do Kwon struck back at the U.S. Securities and Exchange Commission's $5.4 billion sanctions request following its trial win, filing dual briefs Monday that argued the regulator has only shown that "a small number" of allegedly illegal token sales took place in the U.S. and under its jurisdiction as outlined in the U.S. Supreme Court's Morrison decision.

  • April 29, 2024

    Herbert Smith Adds Bankruptcy Pro To Thai Disputes Practice

    Herbert Smith Freehills has hired an expert in construction disputes and insolvency and bankruptcy matters as a new partner for its Bangkok office, a move the firm says will strengthen its disputes practice in Thailand's capital.

  • April 29, 2024

    Kemp Klein Adds Bankruptcy Atty In Mich.

    Detroit-area-based Kemp Klein Law Firm has announced it hired a new bankruptcy-focused corporate lawyer to bolster its corporate, litigation and bankruptcy practices.

  • April 29, 2024

    ABI's New Prez, Scammers Charged, Giuliani To Appeal

    The American Bankruptcy Institute named Polsinelli attorney Christopher A. Ward as its new president, the Office of the United States Trustee charged two with fraud for petition preparation services, and Rudy Giuliani asked a New York judge for permission to appeal his $148 million defamation verdict to the D.C. Circuit.

  • April 29, 2024

    Bankrupt Robertshaw Seeks Up To $3.9M In Exec Bonuses

    Appliance parts maker Robertshaw US Holding Corp. has asked a Texas bankruptcy court to allow it to pay as much as $3.9 million to seven executives whom it says it must "properly incentivize" during its Chapter 11 case.

  • April 29, 2024

    Catching Up With Delaware's Chancery Court

    A multibillion-dollar Tesla trust proposal, a Truth Social bond, power plays over Prince's estate, and three in the ring for World Wrestling Entertainment. All of this and much more came up in Delaware Chancery Court dockets last week.

  • April 29, 2024

    WeWork Wins Conditional OK Of Ch. 11 Plan Disclosures

    A New Jersey bankruptcy judge gave conditional approval Monday to bankrupt flexible office space company WeWork Inc.'s reorganization plan disclosure statement over the objection of WeWork's former owner Adam Neumann, finding the disclosure contained adequate information.

  • April 26, 2024

    ABI President Chris Ward Talks Fees, Purdue Pharma, Phillies

    Chris Ward of Polsinelli LLP, the new president of the American Bankruptcy Institute, expects high interest rates to continue dogging debt-laden companies this year. He's also skeptical a U.S. Supreme Court decision limiting nonconsensual releases in the bankruptcy case of Purdue Pharma LP would radically alter third parties' ability to get liability shields and thinks Chapter 11 has become too expensive, he told Law360 on Friday.

  • April 26, 2024

    Insurers Want Ch. 11 Plan Docs In Kidde-Fenwal Case

    Insurers that provide coverage to bankrupt fire suppression company Kidde-Fenwal Inc. have asked a Delaware court to access drafts of the Chapter 11 plan the company has provided to unsecured creditors in ongoing mediation, saying they need to know how the plan could affect them.

Expert Analysis

  • Co. Directors Must Beware Dangers Of Reverse Factoring

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    New accounting requirements governing the disclosure of so-called reverse-factoring programs have revealed billions of dollars worth of hidden liabilities on companies’ ledgers, and directors of corporate boards should review their companies’ books for this hidden danger, say Garland Kelley at Looper Goodwine, Amin Al-Sarraf at Locke Lord and Jill Basinger at Discovery Land.

  • Attorneys, Law Schools Must Adapt To New Era Of Evidence

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    Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.

  • Why 7th Circ. Libel Ruling Is Crucial For The Media

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    As more defamation plaintiffs attorneys argue that allowing a published statement to remain online after additional evidence of falsity emerges equates to actual malice, the Seventh Circuit's recent National Police Association v. Gannett opinion should be lauded by the media and online publishers as a favorable decision, say attorneys at Vedder Price.

  • Tips For Litigating Against Pro Se Parties In Complex Disputes

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    Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.

  • 3 Cases Show Tensions Between Arbitration And Insolvency

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    The intersection of international arbitration and insolvency may influence the formulation of litigation strategy on a global scale, and several recent cases illustrate the need for counsel to understand how courts are varying in their approaches, say attorneys at Skadden.

  • Air Ambulance Ch. 11s Show Dispute Program Must Resume

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    Air Methods’ recent bankruptcy filing highlights the urgent need to reopen the No Surprises Act’s independent dispute resolution program for air ambulances, whose shutdown benefits insurance companies and hurts providers, says Adam Schramek at Norton Rose.

  • Pro Bono Work Is Powerful Self-Help For Attorneys

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    Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.

  • Why Delaware ABCs Are No Longer As Easy As 1-2-3

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    In light of the Court of Chancery's recent focus on additional disclosures, the assignment for the benefit of creditors process in Delaware may no longer be as efficient as it once was, and companies should be prepared to provide significantly more information leading up to an ABC, say attorneys at Goodwin.

  • Diamond Sports Cases Shed Light On Executory Contracts

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    Recent Texas bankruptcy cases involving telecast fees payable by Diamond Sports to certain Major League Baseball teams provide a window into the dynamic relationship that can develop between debtors and counterparties under some executory contracts, say Joseph Badtke-Berkow and Robin Spigel at Allen & Overy.

  • Playing In A Rock Cover Band Makes Me A Better Lawyer

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    Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.

  • The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'

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    The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.

  • Balancing Justice And Accountability In Opioid Bankruptcies

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    As Rite Aid joins other pharmaceutical companies in pursuing bankruptcy following the onslaught of state and federal litigation related to the opioid epidemic, courts and the country will have to reconcile the ideals of economic justice and accountability against the U.S. Constitution’s promise of a fresh start through bankruptcy, says Monique Hayes at DGIM Law.

  • SVB Bankruptcy Case Raises Asset Control Questions

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    The initial disputes in Silicon Valley Bank's bankruptcy case between the Federal Deposit Insurance Corp. and the debtor over tax refunds and deposits are likely to signal the rekindling of old battles for limited assets last fought during the Great Recession, say Jeffrey Rothleder and Maura McIntyre at Squire Patton.

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