Bankruptcy

  • November 01, 2024

    Big Lots Says $760M Bid Wins In Ch. 11 Auction

    Discount retailer Big Lots got approval from a Delaware bankruptcy judge to sell off nearly three-dozen store leases the day after it said it had received no offers to beat a $760 million bid for the business as a whole.

  • November 01, 2024

    Jackson Walker Rips Trustee's Judge Romance Fee Clawback

    The U.S. Trustee's Office is exceeding its authority as a "watchdog" in seeking to claw back money paid to Jackson Walker LLP in bankruptcy cases because the judge presiding over those cases was having a secret relationship with a firm partner, the firm told a Texas federal bankruptcy court.

  • November 01, 2024

    MVP: Sullivan & Cromwell's Andy Dietderich

    Sullivan & Cromwell LLP's Andy Dietderich led the legal team that represented FTX Trading Ltd. in its $16 billion Chapter 11 reorganization — from its precipitous bankruptcy filing to the recent successful confirmation hearing — and shepherded fire-suppression company Kidde-Fenwal Inc. through the first bankruptcy stemming from mass tort claims related to PFAS chemicals, earning him a spot among the 2024 Law360 Bankruptcy MVPs.

  • November 01, 2024

    Buca Di Beppo Gets OK On $27M Sale To Main Street Capital

    A Texas bankruptcy judge on Friday approved Buca di Beppo's sale to lender Main Street Capital Corp. after overruling an objection by the Italian restaurant chain's creditors, allowing the company to continue operating and preserve about 3,000 jobs.

  • October 31, 2024

    3rd Circ. Preview: Boy Scouts' Ch. 11 Plan Row Tops Nov.

    The future of the Boy Scouts of America's Chapter 11 bankruptcy plan is set to be determined by the Third Circuit this month, with the court poised to consider whether recent U.S. Supreme Court precedent on bankruptcies and settlements allows the reopening of the plan.

  • October 31, 2024

    Purdue Gets More Time For Deal, 'Substantial' Progress Made

    Bankrupt OxyContin maker Purdue Pharma LP on Thursday won more time to continue mediating a new settlement with its owners — certain members of the Sackler family — and reported that it is nearing a deal, in a bid to avoid having one of the most complex Chapter 11 cases in U.S. history tumble into a litigation free-for-all.

  • October 31, 2024

    True Value Hammers Out Deal To Fund Ch. 11, Speed Up Sale

    After days of negotiating, bankrupt hardware store supplier True Value Thursday reached a deal with its lenders to avoid liquidation, fund its reorganization and move up a Chapter 11 sale, with member-owned hardware brand Do It Best Corp. lined up as a stalking-horse bidder.

  • October 31, 2024

    Judge Upholds Sanctions Against Ex-Stimwave CEO

    A Delaware federal judge has upheld a decision by the bankruptcy judge overseeing the Chapter 11 case of medical device maker Stimwave Technologies to screen the filings of the company's ex-CEO and two of her relatives.

  • October 31, 2024

    Conn. Firm Beats Ex-Client's Negligence, Conversion Claims

    Connecticut law firm Evans & Lewis PC and partner Douglas J. Lewis have prevailed in a professional negligence lawsuit in state court alleging that their incompetence caused a former client's home to go into foreclosure and that they pocketed a $1,500 fee for services that they didn't provide.

  • October 31, 2024

    The 2024 Law360 Pulse Leaderboard

    Check out the Law360 Pulse Leaderboard to see which firms made the list of leaders in all-around excellence this year.

  • October 31, 2024

    Firms' Hiring Strategies Are Evolving In Fight For Top Spot

    Competition for top talent among elite law firms shows no signs of slowing down, even amid economic uncertainty, with financially strong firms deploying aggressive strategies to attract and retain skilled professionals to solidify their market position.

  • October 31, 2024

    MVP: Fried Frank's Rachel C. Strickland

    Rachel C. Strickland, partner and global chair of the restructuring department at Fried Frank Harris Shriver & Jacobson LLP, represented two Georgia election workers in a bankruptcy lawsuit against Rudolph W. Giuliani and advised NanoString Technologies Inc. on its asset sale, earning her a spot as one of the 2024 Law360 Bankruptcy MVPs.

  • October 30, 2024

    Calif. Panel Axes $10.6M Abex Asbestos Verdict

    A California appellate panel has thrown out a $10.6 million asbestos verdict against Pneumo Abex LLC and ordered a new trial, finding that the trial court erred in granting a directed verdict that rejected the now-bankrupt braking lining manufacturer's sophisticated user defense.

  • October 30, 2024

    Equifax Doesn't Report Ch. 7 Discharges, Suit Says

    Credit reporting bureau Equifax was recently hit with a proposed class action accusing it of failing to note discharged debts when debtors converted their bankruptcy cases from Chapter 13 to Chapter 7.

  • October 30, 2024

    American Tire Floats Ch. 11 Sale Plan To Wrap Up In December

    Bankrupt tire and wheel seller American Tire Distributors Inc. proposed a Chapter 11 bid and sale process that it intends to wrap up by the end of December, with a group of secured lenders serving as a stalking horse.

  • October 30, 2024

    FTX Witness Who Saw Bankman-Fried's 'Evil' Avoids Prison

    A Manhattan federal judge allowed FTX's former chief engineer to avoid prison Wednesday, crediting his trial testimony against the crypto exchange's founder Sam Bankman-Fried, his ongoing cooperation and his relatively small role in the $11.2 billion fraud.

  • October 30, 2024

    Canadian Lender Seeks Ch. 15 With Wind-Down Or Sale Plans

    A Toronto-based specialty lender and 13 affiliates filed for Chapter 15 recognition of their Canadian insolvency proceedings on Wednesday, with Chesswood Group Ltd. blaming a rise in interest rates and U.S. regional bank failures for heavy losses that added to its over $148 million in debt.

  • October 30, 2024

    MVP: Kirkland's Steven Serajeddini

    Steven N. Serajeddini, a restructuring partner at Kirkland & Ellis LLP, has kept busy over the last year handling some of the largest and most complex bankruptcy cases in the country, including the sprawling insolvencies of flexible workspace provider WeWork Inc. and cancer healthcare company GenesisCare, earning him a spot as one of the 2024 Law360 Bankruptcy MVPs.

  • October 29, 2024

    Alameda Research Wants Crypto Exchange To Return $50M

    Alameda Research, the crypto trading affiliate of the bankrupt FTX digital asset empire, has sued the operators of KuCoin cryptocurrency exchange in Delaware bankruptcy court seeking the return of $50 million of assets that continue to be held on the platform despite the debtors' requests.

  • October 29, 2024

    Defunct Pot Co. CEO Says 'Grifter' Is Trying To Stop Settlement

    The founder of a defunct marijuana greenhouse claims the $1.5 million settlement it made with a class of investors has been stymied in unrelated legal action filed by a "sophisticated grifter" looking for personal gain, urging a Colorado federal judge to push aside the bankruptcy action.

  • October 29, 2024

    Republic First Bank Discriminated Before It Failed, NJ Says

    New Jersey authorities said Tuesday that they have concluded that the former Republic First Bank redlined local communities of color in the state in the years before it failed, findings they have taken up with the bank's receiver, the Federal Deposit Insurance Corp.

  • October 29, 2024

    Baseball Bat Cos. Reach Deal To End Fla. Trademark Battle

    A baseball bat company owned by ex-MLB player Yoenis Céspedes has settled an intellectual property lawsuit against several businesses over baseball bats, months after a Florida federal judge handed the former New York Mets outfielder's business a preliminary injunction in the case.

  • October 29, 2024

    Purdue Creditors Can Sue Sacklers For $11.5B

    Creditors of bankrupt OxyContin maker Purdue Pharma LP will get the right to sue the company's owners — certain members of the Sackler family — and others for $11.5 billion, should they choose to do so, a New York judge said on Tuesday.

  • October 29, 2024

    4th Circ. Unclear On LeClairRyan Founder's Tax Liability

    A Fourth Circuit panel appeared confused and noncommittal Tuesday as it wrestled with a narrow question of contract interpretation that could determine whether Gary LeClair of defunct LeClairRyan PLLC is on the hook for massive tax bills tied to the firm's collapse.

  • October 29, 2024

    MVP: Latham's George Davis

    George Davis, global chair of Latham & Watkins LLP's restructuring and special situations practice, negotiated successful prepackaged Chapter 11 plans for Joann Inc. and Audacy and helped Mallinckrodt navigate two bankruptcy cases tied to opioid litigation, earning him a spot as one of the 2024 Law360 Bankruptcy MVPs.

Expert Analysis

  • Tips For Handling Single Asset Real Estate Bankruptcy Cases

    Excerpt from Practical Guidance
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    Bankruptcy counsel should consider several strategies when representing either a debtor or lender in single asset real estate debtor Chapter 11 cases, which generally arise when a debtor is forced to file for relief to stop an impending foreclosure sale.

  • How Methods Are Evolving In Textualist Interpretations

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    Textualists at the U.S. Supreme Court are increasingly considering new methods such as corpus linguistics and surveys to evaluate what a statute's text communicates to an ordinary reader, while lower courts even mull large language models like ChatGPT as supplements, says Kevin Tobia at Georgetown Law.

  • Why Attorneys Should Consider Community Leadership Roles

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    Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.

  • Ch. 11 Ruling Shows Early Attempt To Tackle Purdue Fallout

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    A Delaware bankruptcy court’s recent ruling in Parlement Technologies’ Chapter 11 case, which denied a bid by Parler’s former owner to extend its bankruptcy stay to nondebtors, illustrates early efforts to grapple with the U.S. Supreme Court's decision in Purdue Pharma for a recurring bankruptcy issue, say Daniel Lowenthal and Jonah Wacholder at Patterson Belknap.

  • 9 Liability Management Tips As Debt Maturity Cliff Looms

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    As the debt maturity cliff swiftly approaches in this challenging environment, attorneys at Winston & Strawn highlight the top considerations for boards of directors and finance professionals to think about when structuring and executing liability management transactions, including reviewing capital structure, evaluating debt covenants, and more.

  • Firms Must Offer A Trifecta Of Services In Post-Chevron World

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    After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.

  • How Cos. Can Leverage IP In Corporate Bankruptcy

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    In light of an increase in year-to-date Chapter 11 filings, businesses must understand the importance and value of intellectual property in corporate bankruptcy and restructuring, from contributing to enterprise value, to providing leverage in negotiations and facilitating recovery, says Gregory Campanella at Ocean Tomo.

  • 5 Tips To Succeed In A Master Of Laws Program And Beyond

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    As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.

  • Series

    Being An Opera Singer Made Me A Better Lawyer

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    My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.

  • Avoiding Retail Bankruptcy As Economic Uncertainty Persists

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    Amid record retail bankruptcies and continued economic uncertainty in 2024, retailers can take specific steps like building stronger cash-flow models, managing inventory wisely and reassessing cost structures to avoid financial distress, say consultants at BRG.

  • How Law Firms Can Avoid 'Collaboration Drag'

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    Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.

  • Banking Compliance Takeaways From Joint Agency Statement

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    Federal bank regulatory agencies’ recent joint statement warning of risks associated with third-party fintech deposit services spotlights a fundamental problem that may arise with bank deposit products that are made through increasingly complex customer relationships, says Tom Witherspoon at Stinson.

  • Opinion

    Litigation Funding Disclosure Key To Open, Impartial Process

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    Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.

  • What NFL Draft Picks Have In Common With Lateral Law Hires

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    Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.

  • Replacing The Stigma Of Menopause With Law Firm Support

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    A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.

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