Mid Cap
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October 21, 2024
Litigation Funding Firms Aim To Escape Hurricane Ad Suit
Two litigation funders are urging a Texas federal court to adopt a magistrate judge's recommendation to toss claims against them in a proposed class action alleging a law firm deceptively advertised to hurricane victims.
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October 21, 2024
Justices Won't Review IRS' Additions To Developer's $2M Deal
The U.S. Supreme Court said Monday it wouldn't review an Eleventh Circuit decision allowing the Internal Revenue Service to back out of a deal to settle an Alabama real estate developer's tax debt for $2 million.
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October 18, 2024
Law360 MVP Awards Go To Top Attys From 74 Firms
The attorneys chosen as Law360's 2024 MVPs have distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.
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October 18, 2024
Chancery Keeps Better Therapeutics SPAC Suit Alive
A Delaware vice chancellor on Friday refused to dismiss a suit challenging the take-public merger of now-defunct Better Therapeutics, saying the investors have sufficiently pleaded direct breach of fiduciary duty claims against the medical technology business' special purpose acquisition company partner and its directors.
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October 18, 2024
Under The Radar: Bankruptcy News You May Have Missed
Johnson & Johnson, Imerys Talc, Cyprus Mines, Takeoff Technologies and SunPower Corp. all fielded objections to their Chapter 11 bankruptcies, from their creditors' committees or the Office of the U.S. Trustee or both, with the U.S. Trustee largely raising concerns about overbroad releases.
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October 18, 2024
More Than Just Superheroes: Marvel Inked Ch. 11 Legacy
The nearly three-decade-old bankruptcy and reorganization of comic book giant Marvel produced a company that has become a major force in Hollywood, but it also led to an enduring legal precedent on conflict-of-interest standards for bankruptcy professionals that is still cited today.
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October 18, 2024
NYC Building Sold After Losing Half Of Tenants To Ch. 11
A historic mixed-use building in New York City's Chelsea neighborhood that was ravaged by the bankruptcies of two major tenants has been acquired and recapitalized by a partnership of RXR Realty and Hudson Bay Capital through a $421 million financing package from Blackstone, the buyers announced Friday.
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October 17, 2024
Atty's 'Groundhog Day' Motion Trims Ex-Girardi Client's Suit
A California state judge on Thursday trimmed a family's $1.8 million malpractice lawsuit against an attorney that represented it in recovering millions lost in Girardi Keese's embezzlement scandal, calling a bid to nix one of the suit's claims a "Groundhog Day" motion because she already granted a similar one from the attorney's firm.
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October 17, 2024
Colorado Judges Doubt Giuliani Shielded For 2020 Lies
Colorado appellate judges appeared skeptical Thursday of Rudy Giuliani's bid to escape a defamation lawsuit by a former executive for Dominion Voting Systems, noting that they already found Giuliani's statements weren't protected in a related appeal.
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October 17, 2024
Behind The Ch. 11 Filing Of Digital Media Solutions
An increase in car crashes was among the factors that helped lead to the Chapter 11 filing of online advertising company Digital Media Solutions, one of the latest debtors to file for bankruptcy following a reversal of fortunes after the COVID-19 pandemic.
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October 17, 2024
Truck Rental Co. Starts Ch. 11 With Plans To Sell
A Colorado-based truck rental business filed for Chapter 11 protection late Wednesday in Delaware, hoping to sell its assets as a going concern following a liquidity crunch.
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October 17, 2024
A&O Shearman Taps Governance Veteran To Co-Lead Practice
A&O Shearman said Thursday that it has tapped a longtime partner to co-head the firm's compensation, employment, pensions and governance practice, bringing it under the joint leadership of alum from each of its two legacy firms after the merger between New York-based Shearman & Sterling and London-based legacy firm Allen & Overy became official last May.
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October 17, 2024
Biolase Gets Go-Ahead For Nov. Asset Auction
A Delaware bankruptcy judge on Thursday said she would send dental laser maker Biolase to the auction block in a little over two weeks with a $14 million opening bid from a company embroiled in a patent dispute with the debtor.
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October 17, 2024
NJ Injury Firm Heads To Ch. 11 Under $700K State Tax Debt
New Jersey personal injury attorney law firm Michael J. Weiss Inc. has hit Chapter 11 with $697,397.86 in state tax liability, according to court filings.
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October 16, 2024
NYC Condo Building's Revised Ch. 11 Plan Gets Confirmation
A New York federal bankruptcy judge has confirmed the owner of a Manhattan condominium complex's revised Chapter 11 plan, signing off on the planned restructuring after initially sending it back for revisions in late September, according to a notice filed Wednesday.
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October 16, 2024
Profs Urge 3rd Circ. To Rethink Reopening Shipbuilder Ch. 11
A group of law professors have asked the Third Circuit to grant shipbuilder Bath Iron Works' request for a rehearing on its bid to reopen the Chapter 11 case of its former affiliate in order to allocate responsibility for a number of environmental remediation costs, saying it is of "central importance" a bankruptcy court and not a civil court adjudicate the issue.
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October 16, 2024
Catching Up With New Bankruptcy Case Action
Several companies including True Value, Accuride and Jordan Health filed for Chapter 11 bankruptcy over the past week, citing financial strains from inflation, supply-chain issues and market changes.
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October 16, 2024
Giuliani Says Ga. Poll Workers Can't Go After His Fla. Condo
Disgraced ex-lawyer Rudy Giuliani told a New York federal court Wednesday that two Georgia poll workers cannot force a sale of his Florida condominium to help cover their $148 million defamation award against him because the property is his permanent residence and thus is shielded under a "homestead" exemption.
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October 16, 2024
Ex-Judge Aims To Shield Bank Records In Romance Probe
A former U.S. bankruptcy judge is hoping to sink a subpoena from the U.S. Trustee's Office for his banking records in connection with its inquiry into his concealed romantic relationship with a former Jackson Walker LLP partner who appeared before him in a number of cases.
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October 16, 2024
Fla. Jury Finds 2 Live Crew Can Take Back Music Rights
A Florida federal jury ruled Wednesday that the Miami rap group 2 Live Crew is entitled to the copyrights on dozens of songs, finding the group made a valid claim under a law that allows them to claw back ownership of their music after more than three decades.
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October 16, 2024
Construction Co., Gov't Drop $4M Retention Credit Suit
A former construction business' suit against the Internal Revenue Service seeking nearly $4 million in employee retention credit refunds was dismissed by a Florida federal judge Wednesday after the company and the federal government agreed to drop the case.
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October 16, 2024
Key Bank Blocking Hunt For Apt. Co-Op's $1.3M, Towns Say
Key Bank NA should be held in contempt of court because four insurance checks totaling $1.3 million seem to have vanished from a troubled housing co-op's accounts, and the bank is preventing a receiver in charge of the 924-unit Success Village Apartments from figuring out what happened, two Connecticut municipalities have said.
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October 16, 2024
Williams Industrial Gets OK To Put Liquidation Plan To Vote
A Delaware bankruptcy judge on Wednesday gave Williams Industrial Services Group the go-ahead to send its Chapter 11 liquidation plan out for a creditor vote before a December hearing on approval of the plan.
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October 16, 2024
Jenner & Block Grows Restructuring Team In NYC, Chicago
Jenner & Block LLP announced Wednesday an expansion of its bankruptcy and restructuring practice in New York and Chicago with the addition of two partners from Mayer Brown LLP, including a former co-leader of that firm's restructuring group in New York.
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October 15, 2024
Uncle Luke Says 2 Live Crew Songs Weren't Works For Hire
Rapper and producer Luther Campbell, also known as Uncle Luke, told jurors Monday that the checks they'd been shown for payments to members of hip-hop group 2 Live Crew were for per diem expenses, not paychecks, and insisted that the group members were not employees of his record label and can therefore claw back their rights to their old hit recordings.
Expert Analysis
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Lender Agreements And Unitranche Facilities: A Fresh Look
Unitranche facilities — which offer blended interest rates in a single loan document — are gaining prevalence, and lenders and borrowers should understand their advantages, as well as concerns over the enforceability of a unitranche-style agreement among lenders in bankruptcy, say attorneys at Mayer Brown.
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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.