Large Cap
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December 20, 2024
High Court Bar's Future: Williams & Connolly's Sarah Harris
Sarah M. Harris of Williams & Connolly LLP never planned on being a U.S. Supreme Court advocate, or even an appellate one. She stumbled upon that career path after realizing her initial goal of becoming a national security or government lawyer wasn't the right fit.
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December 20, 2024
Crypto Trading Co. To Pay SEC $123M Over Terraform Claims
The U.S. Securities and Exchange Commission announced Friday that it secured a $123 million settlement with a Jump Trading subsidiary for allegedly misleading investors about the stability of the now-collapsed Terraform ecosystem by effectively propping up the project's flagship token following a trading arrangement made while the token dipped in value.
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December 20, 2024
Real Estate Recap: Stats, Multifamily Tech, Pot Shop Pickle
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including big picture stats for commercial real estate in 2024, how one proptech company is leveraging resident data for multifamily profitability, and a conversation with a BigLaw leader about navigating New York's pot shop crackdown.
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December 20, 2024
SEC Sues Silver Point Over Atty's Receipt Of Nonpublic Info
The U.S. Securities and Exchange Commission sued investment adviser firm Silver Point Capital LP in Connecticut federal court on Friday, alleging that it failed to establish policies to safeguard material nonpublic information, particularly from a now-deceased former BigLaw attorney.
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December 20, 2024
EV Battery Co. Northvolt Cleared For Ch. 11 Loan, Cash Use
Bankrupt electric vehicle battery maker Northvolt AB received final approval Friday from a Texas court to enter into a $100 million Chapter 11 loan and to access the cash collateral of its secured lenders after working with unsecured creditors to reach consensus on the financial relief.
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December 20, 2024
Yellow Corp. Layoff Notices Had Too Little Info, Judge Says
A Delaware bankruptcy judge has shot down some of trucking company Yellow Corp.'s defenses against claims it failed to give proper notice of more than 25,000 layoffs just before it entered Chapter 11, saying the notices it sent weren't informative enough.
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December 20, 2024
Chilean Phone Co. WOM Gets OK On $500M Takeover Terms
A Delaware bankruptcy judge on Friday signed off on the framework for Chilean mobile phone operator WOM SA's $500 million restructuring plan, finding the debtor had exercised sound business judgment in selecting the deal to reduce some $650 million in debt.
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December 20, 2024
99 Cents Only Gets OK For Vote On Liquidation Plan
A Delaware bankruptcy judge Friday sent the liquidation plan for discount retailer 99 Cents Only for a creditor vote, finding the provisions for getting creditor consent for third-party claims releases was adequate.
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December 19, 2024
Big Lots To Close All Stores After Ch. 11 Sale Falls Through
Bankrupt discount retail chain Big Lots told a Delaware bankruptcy court Thursday that it will close its 870 remaining stores in the United States and initiate going-out-of-business sales starting Friday, after its $760 million deal for a going-concern sale to California private equity group Nexus Capital Management fell through.
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December 19, 2024
Restructuring Partner Returns To Willkie From A&O Shearman
A familiar face has returned to Willkie Farr & Gallagher LLP's New York office, the firm announced Thursday, with the addition of a restructuring partner who launched her career with Willkie and now returns from A&O Shearman, bringing a combined 25 years of experience to the new role.
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December 19, 2024
NY Firm Bradford Edwards Opens LA Office
New York-based litigation boutique Bradford Edwards LLP has opened an office in Los Angeles, spearheaded by the hire of a partner who has more than 20 years of experience litigating in California.
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December 19, 2024
The Year In Legal Ethics: AI, Judicial Scandal And More
A number of legal ethics topics dominated the conversation in 2024, including artificial intelligence and the fallout of an undisclosed relationship between a Texas bankruptcy judge and an attorney whose firm appeared before him for years.
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December 19, 2024
Young Conaway Elects 3 New Partners From Its Del. Office
Young Conaway Stargatt & Taylor LLP has announced that two bankruptcy attorneys and a corporate litigator will join its partnership on Jan. 1.
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December 18, 2024
Girardi Gets Sentencing Delayed For Dementia Probe
A Los Angeles federal judge pushed back Tom Girardi's sentencing for his embezzlement conviction on Wednesday, ordering a psychiatric evaluation and special hearing to determine whether the 85-year-old disbarred attorney should be committed to a medical facility instead of prison due to his dementia diagnosis.
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December 18, 2024
High Court Bar's Future: McDermott's Paul Hughes
Paul W. Hughes of McDermott Will & Emery LLP knows U.S. Supreme Court oral arguments are unpredictable — you can end up as the butt of a justice's joke or have the whole bench fully embrace your novel legal theory — so he focuses on what he can control: being overprepared for any version of the court he meets.
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December 18, 2024
FDIC Moves Closer To Suing Ex-Brass Of Silicon Valley Bank
Federal Deposit Insurance Corp. leaders have given a green light for the agency to potentially sue former top brass of Silicon Valley Bank for alleged mismanagement of the bank that led to its collapse last year.
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December 18, 2024
Yellow Corp. Gets Del. Court OK For Ch. 11 Asset, Lease Sales
Bankrupt trucking venture Yellow Corp. secured a Delaware judge's approval Wednesday for a $192.5 million series of deals to sell or lease a dozen properties owned or leased by Yellow in California, Miami, Ohio and other states.
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December 18, 2024
Steward Health Docs Say $60M Comp Plan Off-Limits
Four doctors participating in a Steward Health deferred compensation plan have asked a Texas bankruptcy judge to keep $60 million worth of assets from the plan's trust separate from the hospital operator's Chapter 11 estate, arguing that the burden is on the debtor to prove the plan trust is exempt from Employee Retirement Income Security Act protections.
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December 18, 2024
US Trustee Says $62.5M WOM Breakup Fee Unnecessary
The U.S. Trustee's Office has asked a Delaware bankruptcy judge to reject WOM SA's request to pay a noteholder group $62.5 million if a planned rights offering tied to WOM's exit financing falls through, arguing the debtor hasn't proved the fee is necessary.
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December 18, 2024
Greenberg Traurig Faces DQ Bid In NJ Cosmetics Spat
A New Jersey cosmetics company suing a former investor alleging breach of contract has asked a federal court to disqualify Greenberg Traurig LLP as defense counsel, telling the court that it previously consulted with the firm about suing the investor and gave away its "playbook" for the litigation.
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December 17, 2024
Franchise Group Can Keep Exclusive Control Of Its Ch. 11
A Delaware bankruptcy judge on Tuesday denied a motion to end the plan exclusivity window and other bankruptcy rights for debtors in Franchise Group Inc.'s Chapter 11, saying possible intercompany claims don't justify relief that the debtor argued would plunge the case into chaos.
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December 17, 2024
Purdue, FTX Top Biggest Bankruptcy Cases, Trends Of 2024
The U.S. Supreme Court's decision to throw out nonconsensual third-party releases in opioid maker Purdue Pharma's Chapter 11 reverberated through the bankruptcy domain in unexpected ways this year, but it was just one among many major events to shape bankruptcy in 2024.
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December 17, 2024
Discovery Needs Push Back J&J Talc Unit's Ch. 11 Trial
A Texas bankruptcy judge on Tuesday postponed the Chapter 11 plan confirmation hearing of Johnson & Johnson talc unit Red River Talc LLC until February, saying additional time was needed for parties to continue taking discovery over questions concerning the plan's provisions.
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December 17, 2024
Catching Up With New Bankruptcy Case Action
A surgical clinic and residential building in Manhattan filed for Chapter 11, as did a New Jersey-based shipping company; a high-tech acoustics manufacturer was weighed down by a $38.6 million trade secrets verdict; a hybrid-electric engine developer filed for bankruptcy; and a Pennsylvania law firm that itself specializes in representing creditors in bankruptcy sought Chapter 11 protection.
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December 17, 2024
2nd Circ. Says Sears Trustee Can Keep Mall Of America Lease
The Second Circuit has upheld a district court order obliging the return of bankrupt Sears Holding Corp.'s lease in Minnesota's Mall of America to SHC's liquidating trustee, finding in part the mall's earlier lease was not a "true" contract.
Under The Radar: Bankruptcy News You May Have Missed
Bankrupt cryptocurrency company Celsius Network warned of another phishing attempt, a Brooklyn condo developer's Chapter 11 case was dismissed and a Canadian power services company reached a settlement with the owner of its debt.
Meet The Attorneys Helping Intrum Through Ch. 11
Swedish loan-servicing company Intrum is attempting to restructure $4.6 billion in debt with a Texas bankruptcy filing, under the guidance of a team of attorneys from Porter Hedges LLP and Milbank LLP.
Meet The Attorneys Helping Hearthside Through Ch. 11
When it filed for bankruptcy late last month in Texas, under the shadow of child labor investigations, the parent company of Hearthside Food Solutions embarked on a path to wipe out more than $1.9 billion of debt and secure $200 million of new equity capital.
Expert Analysis
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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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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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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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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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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.
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A Closer Look At SDNY Bankruptcy Rule Amendments
The U.S. Bankruptcy Court for the Southern District of New York’s recent amendments to its local rules aim to streamline key Chapter 11 processes, resolve misunderstandings about previous iterations of the rules and urge caution about the use of artificial intelligence, say attorneys at Skadden.
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FTX Exec's Sentencing Shows Pros And Cons Of Cooperation
The sentencing of former FTX tech deputy Gary Wang, whose cooperation netted him a rare outcome of no prison time, offers critical takeaways for attorneys and clients navigating the burgeoning world of crypto-related prosecutions, says Andrew Meck at Whiteford.
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Gardening Makes Me A Better Lawyer
Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.
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Equitable Mootness Insights From Greenlit Ch. 11 Plan Appeal
A Texas federal court recently allowed a challenge to ConvergeOne's Chapter 11 bankruptcy plan to proceed because it wouldn't disrupt the IT company's confirmed plan or harm creditors, reinforcing the importance of judicial restraint in applying equitable mootness where limited relief is possible, say attorneys at Parkins & Rubio.
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Litigation Inspiration: Reframing Document Review
For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.