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Bankruptcy
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November 18, 2024
Backup Bidder For Jones' Infowars Wants The Onion Bid DQ'd
The Alex Jones-affiliated backup Chapter 7 auction bidder for Jones' right-wing website Infowars asked a Texas bankruptcy judge Monday to disqualify the winning bid from The Onion, a satirical news website, arguing that the bid did not follow the auction procedures.
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November 18, 2024
Biopharm Co. Seelos Files For Ch. 11 After Nasdaq Delisting
Publicly traded biopharmaceutical company Seelos Therapeutics Inc. sought Chapter 11 protection in New York on Saturday, citing between $10 million and $50 million in estimated liabilities.
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November 18, 2024
Brazil's Unigel Seeks Ch. 15 Nod For $810M Restructuring
Several units of Brazilian petrochemical producer Unigel Group have urged a New York bankruptcy court to recognize their overseas bankruptcy plans to address roughly $810 million of debt, saying factors including the war in Ukraine and inflation have hampered the companies' liquidity.
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November 18, 2024
Proskauer Atty Is Part Of 'Rich' Harvard Football Tradition
Proskauer bankruptcy partner and longtime Harvard football public address announcer Chad Dale had no experience when he became the voice of the football program 33 years ago, but he followed in his late grandfather's footsteps and received an influential endorsement for the gig from his grieving grandmother.
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November 18, 2024
Health Care Co. CareMax Hits Ch. 11 With Plans To Sell Assets
Medical services company CareMax Inc. has filed for Chapter 11 protection in Texas bankruptcy court, listing $422.6 million of funded debt and disclosing plans to sell its assets during the case.
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November 18, 2024
Spirit Airlines Files For Ch. 11 With Equity-Swap Plan
Budget air carrier Spirit Airlines filed for Chapter 11 protection in a New York bankruptcy court Monday with $3.6 billion in funded debt and a preapproved equity swap restructuring plan.
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November 15, 2024
Giuliani Gets New Atty As Poll Workers Seek To Collect $148M
Two days after Rudy Giuliani's lawyers asked a federal judge to allow them to withdraw from representing him in a pair of cases from former Georgia poll workers seeking to collect a $148 million defamation award against him, the embattled former mayor of New York found himself new representation.
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November 15, 2024
PetroQuest Gets Interim OK To Tap $847K In Del. Ch. 11
A Delaware bankruptcy judge Friday granted interim permission for oil and gas company PetroQuest Energy Inc. to access $847,500 of new money financing from its lenders as it plans to sell its assets in East Texas.
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November 15, 2024
Colo. Judge Nixes Debtor's Transfer Try For Not Conferring
A Colorado federal judge on Friday struck a motion to transfer a putative class action suit against a bankrupt truck rental company to the Delaware court handling the business's Chapter 11 case, saying the company had failed to consult with the plaintiffs before filing the motion.
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November 15, 2024
Swedish Debt Collector Intrum Files Prepack Ch. 11 In Texas
Swedish debt collector Intrum filed its pre-announced, prepackaged Chapter 11 in a Texas bankruptcy court Friday, saying it had secured creditor approval to restructure $4.9 billion in debt.
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November 15, 2024
Girardi Seeks Sentencing Delay Amid Atty's Departure
Disbarred attorney Tom Girardi is asking a California federal judge for more time before his sentencing date because a key member of his legal team is leaving the Federal Public Defender's Office on Monday.
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November 15, 2024
Ex-McElroy Deutsch Exec Says Firm Has No Claim On House
The former McElroy Deutsch Mulvaney & Carpenter LLP business development director whose husband pled guilty to stealing millions from the firm has argued that the time has come for the court to toss an attempt by the firm to put her house in a constructive trust.
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November 15, 2024
Off The Bench: NCAA Eligibility Fight, Movie Script Dispute
In this week's Off The Bench, a college football star takes the NCAA to court seeking one more year to play, the plot of a recent Netflix release might have been lifted from another creator and a transgender college athlete's right to compete is challenged by other players.
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November 15, 2024
Sterilization Co. Cosmed Hits Ch. 11 Amid Cancer Claims
Sterilization company Cosmed Group Inc. filed for Chapter 11 protection in a Texas bankruptcy court Thursday with over $100 million in liabilities, much of it related to cancer claims over the gas that it uses for sterilization.
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November 15, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Ocado file an intellectual property claim against an African fruit and vegetable importer, a claim filed against a Swiss bank founded by Indian billionaire Srichand Parmanand Hinduja and 300 individuals sue travel company TUI. Here, Law360 looks at these and other new claims in the U.K.
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November 14, 2024
MDL Counsel Present Deal With FTX Estate To Fla. Court
Counsel for plaintiffs in the multidistrict litigation over the collapse of cryptocurrency trading platform FTX Trading Ltd. told a Florida federal judge Thursday that they have reached a deal with the FTX estate in bankruptcy.
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November 14, 2024
Maryland Seeks To Undo Litigation Pause In Purdue Appeal
The state of Maryland argued in New York federal court Thursday that it should be allowed to pursue claims against the Sackler family members who own bankrupt OxyContin maker Purdue Pharma LP, and that a temporary injunction currently blocking a flood of litigation should be thrown out.
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November 14, 2024
Giuliani Attys Signal Impasse In Bid To Exit Collection Cases
Attorneys representing disgraced ex-lawyer Rudy Giuliani asked a New York federal court to allow them to withdraw from representing him in a pair of cases from former Georgia poll workers seeking to collect a $148 million defamation award against him, indicating they are at odds with the onetime New York City mayor.
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November 14, 2024
Diamond Sports' Ch. 11 Plan Gets Nod With Amazon Deal
Diamond Sports Group received approval for its Chapter 11 plan Thursday from a Texas bankruptcy court, clearing the way for its continued broadcast of 27 professional sports teams and new streaming options through a deal with Amazon.
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November 14, 2024
Louisiana Oil Field Co. Hits Ch. 11 Again With $115M Debt
PetroQuest Energy Inc., an oil and gas exploration company, filed for bankruptcy in Delaware reporting $115.5 million in debt with plans to sell its Texas operations five years after it exited Chapter 11 in 2019.
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November 14, 2024
The Onion Buys Alex Jones' Infowars At Ch. 7 Auction
Satirical news website The Onion has purchased Alex Jones' Infowars at a Chapter 7 bankruptcy auction, according to a Thursday announcement by the firm representing Sandy Hook shooting survivors who won a $1.4 billion defamation award over his claims the massacre was a hoax.
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November 13, 2024
Republic Bank's 'Dysfunction' Enabled Its Failure, FDIC Says
The former Republic First Bank failed because of its inability to hold certain debt securities, its insufficient liquidity and an ineffective board and management team, according to a post-mortem review issued Wednesday by the Federal Deposit Insurance Corp.'s watchdog.
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November 13, 2024
Feds Seek FTX Assets Used For Alleged China Bribes
U.S. prosecutors have asked a New York federal judge to help secure millions of dollars worth of digital assets held at cryptocurrency exchange Binance, alleging the tokens are tied to what they described as bribes that former FTX CEO Sam Bankman-Fried paid to Chinese law enforcement officials.
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November 13, 2024
FTX Prosecutors Tout Tech Chief's 'Outstanding Cooperation'
Manhattan federal prosecutors urged a lenient sentence for former FTX technology chief Zixiao "Gary" Wang, telling the court on Wednesday that his "outstanding cooperation" was instrumental in securing the lightning-fast indictment and ultimate conviction of founder Sam Bankman-Fried for an $11 billion fraud that sank the crypto exchange.
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November 13, 2024
Judge To Confirm Ambri Ch. 11 Wind-Down Plan
A Delaware bankruptcy judge Wednesday agreed to approve the Chapter 11 plan of battery company Ambri Inc., which will sell its assets to its lenders and wind down.
Expert Analysis
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
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A Strategic Checklist For Bankruptcy Motion Objections
Excerpt from Practical Guidance
Hewing to a set of best practices for objecting to a motion in bankruptcy cases can help creditors’ counsel stay on track as they juggle deadlines and jurisdictions, determine whether filing will help or harm the client, and negotiate with the debtor.
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Promoting Diversity In The Selection Of ADR Neutrals
Excerpt from Practical Guidance
Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.
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Series
Playing Ultimate Makes Us Better Lawyers
In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron.
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E-Discovery Quarterly: Recent Rulings On Metadata
Several recent rulings reflect the competing considerations that arise when parties dispute the form of production for electronically stored information, underscoring that counsel must carefully consider how to produce and request reasonably usable data, say attorneys at Sidley.
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The 3rd-Party Bankruptcy Release Landscape After Purdue
In its Purdue Pharma ruling prohibiting nonconsensual third-party releases, the U.S. Supreme Court did not comment on criteria to render a third-party release consensual, opening a debate in the bankruptcy courts on the permissibility of opt-out versus opt-in releases, say attorneys at Morgan Lewis.
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Striking A Balance Between AI Use And Attorney Well-Being
As the legal industry increasingly adopts generative artificial intelligence tools to boost efficiency, leaders must note the hidden costs of increased productivity, and work to protect attorneys’ well-being while unlocking AI’s full potential, says Ed Sohn at Factor.
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Empathy In Mediation Offers A Soft Landing For Disputes
Experiencing a crash-landing on a recent flight underscored to me how much difference empathy makes in times of crisis or stress, including during mediation, says Eydith Kaufman at Alternative Resolution Centers.
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Series
Being An Artist Makes Me A Better Lawyer
My work as an artist has highlighted how using creativity and precision together — qualities that are equally essential in both art and law — not only improves outcomes, but also leads to more innovative and thoughtful work, says Sarah La Pearl at Segal McCambridge.
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How Judiciary Can Minimize AI Risks In Secondary Sources
Because courts’ standing orders on generative artificial intelligence and other safeguards do not address the risk of hallucinations in secondary source materials, the judiciary should consider enlisting legal publishers and database hosts to protect against AI-generated inaccuracies, say attorneys at Lankler Siffert & Wohl.
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How Attorneys Can Break Free From Career Enmeshment
Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.
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Bankruptcy Decision Exemplifies Venue Issue For Franchisees
A California bankruptcy court's decision earlier this month in Pinnacle Foods and a lingering circuit split on assumption of executory franchise contracts highlights the issue of whether franchisee debtors can qualify for case venue in friendlier circuits, says David Gamble at Parkins Rubio.
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Lawyers With Disabilities Are Seeking Equity, Not Pity
Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.
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Opinion
Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.