Mid Cap
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February 21, 2025
Why EV Maker Nikola Pulled Into Ch. 11
Nikola Corp., maker of electric and hydrogen-powered trucks, struggled with financial difficulties common to its field, the costs of litigation in which it became embroiled and expenses tied to a voluntary battery recall, cumulatively leading it to bankruptcy.
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February 21, 2025
Paul Hastings Seeks To End GenapSys Malpractice Action
Paul Hastings LLP has moved for summary judgment in a malpractice action from GenapSys Inc., saying the case is barred because the genomic sequencing company failed to disclose its possible claim until after confirmation of its bankruptcy plan.
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February 21, 2025
Lowenstein Sandler Keeps Up Battle With NJ Dispensary
Shortly after accusing a cannabis dispensary it is suing for unpaid legal fees of acting in bad faith, Lowenstein Sandler LLP asked a New Jersey Superior Court judge on Friday to reject an investment group's similar bid to prevent it from pursuing certain claims in its suit.
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February 21, 2025
Latham Promotes 19 Counsel To Partner In US, Europe & Asia
Less than three months after electing two dozen associates to the partnership, Latham & Watkins LLP said it has elevated 19 counsel from 14 offices around the world to partner, effective March 1.
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February 20, 2025
Select SPAC Targets Are Soaring Ahead Of The Pack
A select breed of companies that went public through mergers with special purpose acquisition companies are performing well lately — hailing mostly from a few specific industries — in stark contrast to the vast majority of SPAC merger targets that have flopped over the past few years, according to data released on Thursday.
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February 20, 2025
Meet The Attys Guiding EV Maker Nikola's Ch. 11
A group of lawyers from Potter Anderson & Corroon LLP and Pillsbury Winthrop Shaw Pittman LLP is guiding Nikola Corp., a manufacturer of electric and hydrogen-powered trucks, in its Chapter 11, as the company plans to sell its assets after facing financial struggles that stemmed from a battery pack recall in 2023.
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February 20, 2025
Law Firm Can't Ax Sex Assault Claim In Ch. 11, Court Told
A former intern for the bankrupt Law Office of George T. Peters PLLC has sued the New York City firm's bankruptcy estate, seeking to ensure that her sexual assault claim against its name partner is not discharged in Chapter 11.
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February 20, 2025
EV Maker Nikola Aims For Quick Ch. 11 Sale
Counsel for Nikola Corp., which makes electric and hydrogen-powered trucks, told the Delaware bankruptcy court on Thursday the company hopes to hold a bankruptcy auction by the end of March and find a buyer before its cash runs out in mid-April.
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February 20, 2025
Drug Co. InvaTech Says Loan Terms Pushed It Into Ch. 11
InvaTech Pharma Solutions LLC, a New Jersey-based developer of generic prescription drugs, chose to enter Chapter 11 with up to $50 million in debt in part because some of its secured loans were inhibiting the company's growth, according to its bankruptcy counsel and court papers.
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February 20, 2025
Forensic Firm Can't Take Control Of Giuliani Assets
A New York federal judge has denied a request by the forensic firm hired to probe Rudy Giuliani's assets to intervene in a lawsuit launched by two former Georgia poll workers who won a $148 million defamation award against him, preserving a settlement that the election workers and Giuliani reached last month.
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February 19, 2025
Ex-Perella Weinberg Partner Denies Plot To Split Firm
A former Perella Weinberg partner on Wednesday testified that he had no plans to break off and start his own restructuring advisory shop before the investment banking firm fired him for purportedly violating his nonsolicitation provisions of his partnership agreements.
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February 19, 2025
Catching Up With New Bankruptcy Case Action
A New Jersey-based generic-drug maker entered Chapter 11, listing up to $50 million in debt and saying two secured loans were inhibiting its growth. A media production company that helps brands like Target sought Chapter 11 protection and disclosed $53.5 million in liabilities, noting that its struggles included being overleveraged. And a sustainable resource recovery company entered Chapter 7 with liabilities exceeding $100 million.
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February 19, 2025
NJ Lawyer Sanctioned, Barred From New SDNY Petitions
A New Jersey lawyer is blocked from filing new petitions in Southern District of New York bankruptcy court and must pay a $2,000 fine to a local Legal Aid Society following an alleged pattern of filing and then abandoning bankruptcy cases, according to a Wednesday sanctions order.
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February 19, 2025
Biora Ch. 11 Loan Approved After Creditors Reach Deal
Biotech company Biora Therapeutics Inc. received final approval Wednesday for its $46 million Chapter 11 financing package after the postpetition lenders and the unsecured creditors committee reached a deal to allow the loan to go forward on a fully consensual basis.
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February 19, 2025
Backup Infowars Bidder Wants Judge To Restart Auction
The backup bidder for Alex Jones' Infowars program has asked a Texas bankruptcy judge to restart an auction for the assets after a previous sale to the parent company of satirical newspaper The Onion was rejected in December.
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February 19, 2025
Creditors Committee Tapped In Liberated Brands Ch. 11
The U.S. Trustee's Office has appointed seven parties, including landlords and vendors, to the official committee of unsecured creditors in the Chapter 11 case of Liberated Brands, as the clothing retailer works to deal with some $226 million in debt and wind down operations.
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February 19, 2025
Meet The Attys Illuminating Splashlight's Path Through Ch. 11
New York City-based media production company Splashlight Holding LLC has assembled a trio of attorneys from Goetz Platzer LLP to see it through the Chapter 11 case the debtor filed to sell its assets and address $53.5 million in liabilities.
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February 19, 2025
EV Maker Nikola Hits Bankruptcy After Battery Recall
Nikola Corp., maker of electric and hydrogen-powered trucks, filed for Chapter 11 bankruptcy protection Wednesday in Delaware, listing about $98 million of funded debt and blaming a sprawling battery pack recall for its financial troubles.
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February 18, 2025
Reed Smith Removed In $102M Shipping Group Award Fight
A New York federal judge granted a request by the purported new owners of Eletson Holdings Inc. and removed Reed Smith LLP as counsel in a $102 million breach of contract suit the firm brought on behalf of the international shipping group in 2023.
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February 18, 2025
Willkie DQ'd, Guo Clawbacks Continue
Franchise Group must find new bankruptcy counsel after a judge in Delaware found Willkie Farr & Gallagher LLP was conflicted in its case. The court-appointed trustee investigating Miles Guo's shell companies got another deadline extension to chase down estate funds. Spirit Airlines is awaiting confirmation of its reorganization plan. And bankrupt bitcoin miner Rhodium Encore has hit back at its landlord in court, alleging a campaign of sabotage.
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February 18, 2025
Bankruptcy Judge OKs Plan To Close NY Nursing Home
A New York bankruptcy judge has said a 588-bed nursing home can shut its doors if the state's Department of Health will sign off on the debtor's plan to close the facility, after the company asked for permission as it faced mounting losses.
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February 18, 2025
US Trustee Balks At Jones Day Fees In NY Diocese Ch. 11
The U.S. Trustee's Office is opposing some of the nearly $52 million in fees billed by Jones Day lawyers for their work as debtors' lead counsel for the Catholic diocese on New York's Long Island, as total fees in the case have surpassed $120 million.
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February 18, 2025
Feds Strike $29M Deal To Settle FCA Overpayment Claims
Healthcare system SVCMC Inc. will pay $29 million to resolve allegations it held onto erroneous overpayments for medical services provided to retired military members and their families, the U.S. Department of Justice has said.
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February 18, 2025
Vaccine Developer Files Ch. 11 Sale Plan With $11.5M Bid
Omega Therapeutics, which develops mRNA vaccines, filed proposed bidding procedures in Delaware bankruptcy court, saying it hopes to get a sale approved by mid-April and has a stalking-horse bid in hand worth about $11.5 million.
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February 18, 2025
Muni Bond Firm Stoever Glass Files For Ch. 7 In NY
The 61-year-old Wall Street municipal bond investment firm Stoever Glass & Co. Inc. has filed for Chapter 7, reporting liabilities of up to $10 million and assets of less than $1 million.
Expert Analysis
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Crypto Has Democratized Trading In Bankruptcy Claims
Following the pandemic, there has been a wave of cryptocurrency bankruptcies and a related increase in access to information, allowing nontraditional bankruptcy investors to purchase claims and democratizing a once closed segment of alternative investing, says Joseph Sarachek at Strategic Liquidity.
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The Case For Post-Bar Clerk Training Programs At Law Firms
In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.
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5 Key Tips For Attorneys In The Subchapter V Arena
Subchapter V cases present unique challenges for the nondebtor parties-in-interest, and habits developed by attorneys in typical Chapter 11 cases do not necessarily translate, meaning creditors and their counsel should quickly take a proactive role in their cases to protect their interests, which can be done by attending the 341 meeting, analyzing the plan, and more, says Kelly Singer at Squire Patton.
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Attorneys Have An Ethical Duty To Protect The Judiciary
The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.
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Why The Debt Maturity Wall Is Still A Figment, For Now
While the phenomenon of the debt maturity wall — a growing wall of staggered corporate debt maturities — has been considered a looming problem since the aftermath of the 2008 global financial crisis, it’s unlikely to have significant consequences before 2025 due to factors such as quantitative easing and evolved lending practices, says Michael Eisenband at FTI Consulting.
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AI Can Help Lawyers Overcome The Programming Barrier
Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.
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10 Essential Bankruptcy Litigation Tips For In-House Counsel
Bankruptcy litigation is a complex and multifaceted area of law that poses unique challenges for in-house counsel, and there are several tools at legal professionals' disposal, like appraisals and understanding jurisdictions, to stay well-informed and protect their companies' interests, says Alison Ashmore at Dykema.
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Preparing Law Students For A New, AI-Assisted Legal World
As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.
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Sellers Seeking Best Deal Should Focus On Terms And Price
Rising interest rates and a decline in the automotive mergers and acquisitions market mean that a failed deal carries greater stakes, and sellers therefore should pursue not only the optimum price but also the optimum terms to safeguard their agreement, says Joseph Aboyoun at Fox Rothschild.
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General Counsel Need Data Literacy To Keep Up With AI
With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.
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Rite Aid's Reasons For Ch. 11 Go Beyond Opioid Suits
Despite opioid-related lawsuits being the perceived reason that pushed Rite Aid into bankruptcy, the company's recent Chapter 11 filing reveals its tenuous position in the pharmaceutical retail market, and only time will tell whether bankruptcy will right-size the company, says Daniel Gielchinsky at DGIM Law.
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Navigating Discovery Of Generative AI Information
As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.
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Finding Focus: Strategies For Attorneys With ADHD
Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.