Large Cap
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August 06, 2024
New Office Is Old Hat For Raines Feldman's Pittsburgh Leader
After the launch of Raines Feldman Littrell LLP's new Pittsburgh office last month, bankruptcy attorney Michael Roeschenthaler earned the unique distinction of having managed the opening of Steel City locations for two separate firms in fewer than 10 years.
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August 06, 2024
Solar Tech Co. SunPower Hits Ch. 11 With $2B Of Debt
Residential solar technology company SunPower Corporation filed for Chapter 11 protection in Delaware with more than $2 billion of funded debt obligations and plans for an asset sale.
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August 05, 2024
Trustee Seeks Quick Clawback From Guo Ch. 11 Attys
The Chapter 11 trustee for the bankruptcy of Chinese exile Miles Guo has asked a Connecticut bankruptcy judge to issue an early judgment in an adversary proceeding that seeks to recover nearly $243,000 in legal fees paid by Guo to attorneys with Zeisler & Zeisler PC, the firm that represents Guo and his daughter.
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August 05, 2024
SVB Ex-Parent's Ch. 11 Plan OK'd With $1.9B FDIC Fight Alive
Silicon Valley Bank's former owner received a New York bankruptcy court's blessing to liquidate and emerge from Chapter 11, but the judge rejected portions of the plan that federal regulators argued would hamper their defense against SVB Financial Group's efforts to recoup some $1.9 billion seized by an FDIC receiver when the bank collapsed.
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August 05, 2024
Discovery Questions Are Only Hurdle In Farfetch Ch. 11 Nod
A dispute over the rights of Chapter 15 debtor Farfetch Ltd. to take discovery from third parties was the only wrinkle at a Monday hearing, during which a Delaware bankruptcy judge agreed to recognize the Cayman Islands liquidation case of the company.
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August 05, 2024
Byju's Ex-Exec Fined, Giuliani Case Over, Ebix Gets Plan OK
A former executive of a subsidiary of Indian tech giant Byju's is facing $10,000 a day in contempt fines, ex-New York City mayor Rudy Giuliani's bankruptcy case is over, and insurance software company Ebix got approval for its Chapter 11 plan. This was the week in bankruptcy.
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August 05, 2024
Girardi's Defense May Stand On His Deteriorating Mind
Although a federal judge ruled disbarred lawyer Tom Girardi mentally competent to stand trial this month for wire fraud, the 85-year-old's defense team may use his dementia diagnosis to attack prosecutors' allegations he knowingly and intentionally stole millions of dollars from his clients, experts said.
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August 05, 2024
Jackson Walker, Ex-Judge Could Face Sanctions Over Chat
A Texas bankruptcy court is demanding answers and threatening sanctions over an "off-the-record" interview between former bankruptcy judge David R. Jones and attorneys for Jackson Walker LLP, in the midst of a federal investigation into Jones' secret romantic relationship with a onetime Jackson Walker attorney.
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August 05, 2024
Meet The Attorneys In Tom Girardi's Criminal Fraud Trial
When Tom Girardi's criminal fraud trial gets underway this week, the notorious disbarred attorney will be facing a team of seasoned federal prosecutors who've convicted several former Los Angeles City Council members, a sitting U.S. congressman, insider traders, Ponzi schemers and con artists who bilked millions from their victims.
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August 05, 2024
The 'No Nonsense' Calif. Judge Overseeing Girardi's Trial
The California federal judge who will preside over the closely watched criminal trial of disgraced attorney Tom Girardi is a veteran jurist who runs a tight ship, but is also known for being extraordinarily thorough and thoughtful.
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August 05, 2024
What To Watch Out For During Girardi's Trial
With evidence of allegedly stolen millions and attempted escapes to the Bahamas taking center stage, disgraced attorney Tom Girardi's criminal trial is set to begin Tuesday at the murky intersection of client theft and TV celebrity, where attorneys will grapple with novel legal issues like the use of evidence from a bankruptcy trustee.
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August 05, 2024
Ebix Gets Ch. 11 Plan Approved After Nixing Opt-Out Releases
A Texas bankruptcy judge has approved Ebix Inc.'s Chapter 11 plan after the company removed third-party releases that the judge earlier ruled were illegal, allowing the insurance software firm to complete a deal to turn over the business to its chief executive officer.
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August 02, 2024
Bed Bath & Beyond Accuses Gamestop CEO Of Insider Trading
The bankrupt big-box housewares retailer once known as Bed Bath & Beyond Inc. sued GameStop CEO Ryan Cohen and his company RC Ventures LLC in New York federal court Thursday, seeking to recover $47 million that it says the defendants made from insider trading not long before the company went belly-up.
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August 02, 2024
Insurers Ask To Block J&J's $505M Deal In Talc Miners Ch. 11s
A Delaware bankruptcy judge should reject a settlement between Johnson & Johnson and its former talc suppliers, a group of insurance companies said, arguing a proposed $505 million acquisition of Imerys and Cyprus Mines' indemnity claims also gives away the insurers' claims against Johnson & Johnson.
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August 02, 2024
Purdue-Inspired Release Row Upends Robertshaw Ch. 11 Plan
A Texas bankruptcy judge quizzed the U.S. Trustee's Office on Friday about its argument that appliance parts maker Robertshaw's Chapter 11 plan contains involuntary third-party releases in violation of the U.S. Supreme Court's Purdue Pharma decision, and asked the watchdog to show the supporting language in the opinion.
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August 02, 2024
Ebix Opt-Out Releases Illegal In Ch. 11 Plan, Judge Rules
A Texas bankruptcy judge ruled Friday that third-party releases contained in Ebix Inc.'s Chapter 11 plan are impermissible, deciding an opt-out provision of the liability waivers wasn't enough to establish consent.
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August 02, 2024
Express Inc. Creditors Seek To File Their Own Ch. 11 Plan
The unsecured creditors committee for clothing retailer Express Inc. has asked a Delaware bankruptcy judge to give them the right to file their own Chapter 11 plan, saying progress on the case has been stalled since the company's going-concern sale, as the debtor insisted on including broad liability releases in its liquidation plan.
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August 02, 2024
Bid To Get Ex-Judge Jones' Phone Records Blocked, For Now
A Texas judge has temporarily barred JCPenney's bankruptcy administrator from accessing former Judge David R. Jones' cellphone records amid the scandal involving his concealed romantic relationship with an ex-Jackson Walker LLP partner and firm fees he approved in various cases, including JCPenney's bankruptcy.
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August 02, 2024
Attys Dropping Out Of Byju's Ch. 11 As Last Resort: Experts
Faced with clients whose behavior was so egregious it led to an arrest order and hefty fines, all the lawyers representing two key figures in Byju's Alpha's bankruptcy have tried to quit — just about the only avenue left for attorneys under such circumstances, experts have told Law360.
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August 02, 2024
LaVie Agrees To Narrowed Ch. 11 Discovery With Creditors
Bankrupt skilled-nursing facility operator LaVie Care Centers reached an agreement on Friday with the official committee of unsecured creditors in its Chapter 11 case that will allow for narrower discovery demands than originally proposed by the creditors, who are interested in the circumstances surrounding prepetition facility sales.
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August 02, 2024
Off The Bench: NFL Reversal, Drone Spying, UFC Deal Tossed
In this week's Off The Bench, a bombshell ruling wipes out a $4.7 billion antitrust verdict against the NFL, Canada takes it on the chin for Olympic drone spying, and a nine-figure settlement to address UFC wage suppression is rejected.
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August 01, 2024
Robertshaw Judge Rejects Invesco Bid To Pause Ch. 11 Sale
A Texas bankruptcy judge on Thursday denied a request by Invesco to temporarily stop appliance-parts maker Robertshaw from selling its business to lenders as part of its Chapter 11 case, finding that the asset manager wasn't likely to succeed on an appeal because there is no "serious" legal dispute.
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August 01, 2024
'Texas Two-Step,' 3rd-Party Releases In Congress' Crosshairs
The "Texas two-step" bankruptcy maneuver is facing another congressional challenge from a bill that also aims to codify the U.S. Supreme Court's decision barring involuntary third-party releases in bankruptcy plans.
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August 01, 2024
Oakland Diocese Asks For One More Ch. 11 Plan Extension
The Roman Catholic Diocese of Oakland asked a California bankruptcy judge to extend the window of its exclusive right to file a Chapter 11 plan, requesting "a modest but much-needed two months" to complete mediation with creditors and insurers.
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August 01, 2024
Bahamas Resort Developer Seeks $1.5B In Builder Fraud Trial
Counsel for the now-defunct developer of the Bahamian luxury resort Baha Mar opened a bench trial in New York state court Thursday arguing the company lost more than $1.5 billion because of a Chinese state-owned construction firm's "lies, competing agendas and broken promises."
Expert Analysis
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What Banks Should Know About FDIC Assessment Rule
Max Bonici at Venable answers questions banking organizations may have about the Federal Deposit Insurance Corp.'s recent approval of a rule implementing a special assessment on banks to recoup costs associated with protecting uninsured depositors after the bank failures earlier this year, and highlights other considerations for uninsured deposits.
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Performing Music Makes Me A Better Lawyer
The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.
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Bankruptcy Must Be On The Table As A Student Loan Solution
Amid the ongoing discourse on student loan forgiveness, borrowers must have a deeper understanding of U.S. Departments of Justice and Education guidance regarding how the government will agree to discharge loans in bankruptcy, or miss a life-changing opportunity currently available to regain control over their financial condition, say Jonathan Carson and Eric Kurtzman at Stretto.
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Breaking Down High Court's New Code Of Conduct
The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.
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Rockport Ch. 11 Highlights Global Settlement Considerations
A Delaware bankruptcy court’s recent rejection of Rockport’s proposed settlement serves as a reminder that there is a risk that a global settlement executed outside of a plan may be rejected as a sub rosa plan, but shouldn’t dissuade parties from seeking relief when applicable case law supports approval, says Kyle Arendsen at Squire Patton.
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How Purdue High Court Case Will Shape Ch. 11 Mass Injury
The U.S. Supreme Court's recent arguments in Harrington v. Purdue Pharma, addressing the authority of bankruptcy courts to approve nonconsensual third-party releases in Chapter 11 settlement plans, highlight the case's wide-ranging implications for how mass injury cases get resolved in bankruptcy proceedings, says George Singer at Holland & Hart.
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Legal Profession Gender Parity Requires Equal Parental Leave
To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.
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How Cannabis Cos. Are Adapting In Shifting Bankruptcy Arena
Recent bankruptcy cases show that federal courts have begun to demonstrate more openness to downstream businesses in the cannabis industry, and that even though receivership can be a viable option for those denied access to the bankruptcy system, it is not without its own risks and complexities, say attorneys at Troutman Pepper.
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Pa. City Ch. 9 Ruling Raises Municipal Financing Concerns
A Pennsylvania district court’s recent ruling in a Chapter 9 case filed by the city of Chester, Pennsylvania, strengthens the foundations of the municipal bond market, but also demonstrates that bankruptcy courts continue to struggle with some of the features of municipal revenue bonds and issue rulings that contradict market expectations, say attorneys at Cadwalader.
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Writing Thriller Novels Makes Me A Better Lawyer
Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.
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What Lawyers Must Know About Calif. State Bar's AI Guidance
Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.
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Industry Must Elevate Native American Women Attys' Stories
The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.
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Pa. Ruling Shows Why Term Sheet Can Be Worth The Wait
A Pennsylvania bankruptcy court’s recent In re: Legarde ruling, holding that a settlement term sheet was enforceable, reminds litigants that it’s crucial to draft a written agreement before leaving mediation in order to resolve potential evidentiary issues and protect against buyer’s remorse, says Brian Shaw at Cozen O'Connor.