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Bankruptcy
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March 06, 2025
Retiring Mich. Chief Judge Helped Mediate Detroit Bankruptcy
U.S. District Judge Sean F. Cox, the Eastern District of Michigan's chief judge, has informed President Donald Trump he will retire on July 27, according to an update posted on the federal judiciary's website on Thursday.
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March 06, 2025
New York Real Estate Cos. Seek Ch. 11 Protection
Two real estate companies facing foreclosure litigation sought bankruptcy protection in New York each listing at least $10 million in debt.
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March 05, 2025
Amazon, Others Must Face Guo Ch. 11 Clawback Claims
A Chapter 11 trustee can chase cash payments Chinese exile Miles Guo passed through nondebtor alter ego shell companies when buying goods and services from a long list of companies and law firms, a Connecticut bankruptcy judge has ruled.
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March 05, 2025
US Development Agency Opposes Credito Real Ch. 15
The U.S. International Development Finance Corp. has challenged Mexico-based payday lender Credito Real's petition for Chapter 15 recognition in Delaware, alleging its bankruptcy plan, which a Mexican court has approved, contains releases impermissible under U.S. bankruptcy law.
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March 05, 2025
Alex Jones Escapes Immediate Sandy Hook Payment Bid
Bankrupt Infowars host Alex Jones has escaped a request to immediately pay more than $1 billion to the families of Sandy Hook Elementary School victims who sued him for defamation, the Connecticut Appellate Court has ruled.
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March 05, 2025
Bradley Arant Adds Parker Hudson Bankruptcy Ace In Atlanta
Bradley Arant Boult Cummings LLP has brought on a Parker Hudson Rainer & Dobbs LLP partner, who is based in Atlanta, to strengthen its bankruptcy and creditors' rights practice.
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March 05, 2025
Skin Care Tech Co. Files Ch. 11 With $400M Prepackaged Plan
Skin care and beauty technology company Cutera Inc. filed for Chapter 11 protection in a Texas bankruptcy court Wednesday with over $429 million in debt and a prepackaged debt-swap plan to cut that number by nearly $400 million.
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March 04, 2025
Judge Says She'll Ask What 'Nobody Else Will' In Romance Suit
A federal judge expressed incredulity Tuesday that Jackson Walker didn't press its former partner harder to get the exact dates of her relationship with a former bankruptcy judge when allegations of their relationship came to light in 2021.
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March 04, 2025
Rochester Diocese Ch. 11 Plan Heading For Creditor Vote
A New York bankruptcy judge on Tuesday approved a second vote on a Chapter 11 plan for the Roman Catholic Diocese of Rochester, a decision that could see a resolution of the more than 5-year-old case by the end of July.
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March 04, 2025
Petersen Health Care Opposes Vendor's Ch. 11 Fee Demand
Bankrupt skilled nursing facility operator Petersen Health Care told a Delaware bankruptcy judge Tuesday that a vendor seeking payment of its legal costs in pursuing a $163,000 administrative expense claim against the debtor should have the request slashed because the fees exceed the amount of the claim.
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March 04, 2025
3 Kasowitz Financial Litigators Leave BigLaw For NY Boutique
Litigation boutique Pallas Partners LLP has brought on three New York-based litigators from Kasowitz Benson Torres LLP to strengthen its commercial and financial litigation capabilities on both sides of the Atlantic, the firm said Tuesday.
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March 04, 2025
Exela Units File For Ch. 11 With $1.3B Debt
A Texas bankruptcy judge granted about 60 units of business process automation company Exela Technologies Inc. interim approval to access a $185 million lending facility to finance their Chapter 11 bankruptcy cases, in which the debtors hope to refinance their more than $1.3 billion of debt.
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March 03, 2025
Yellow Corp. Settles Pair Of WARN Suits In Del. For $12.3M
Shuttered Yellow Corp.'s trucking company bankruptcy estate has agreed to settlements totaling $12.3 million with two former employee groups, which were reached before a Delaware judge's posttrial denial of Worker Adjustment and Retraining Act claims covering thousands of ex-company employees, according to recent court filings.
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March 03, 2025
US Trustee Opposes Confirmation Of CarePoint's Ch. 11 Plan
The U.S. Trustee's Office on Monday joined a flurry of objections against the Chapter 11 plan of CarePoint Health Systems inc., saying the hospital owner has made it hard for the trustee to gauge the plan's potential.
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March 03, 2025
NC Hotel Developer Hits Ch. 11 After Defaulting On $17M Loan
A North Carolina hotel developer embroiled in a $17 million lawsuit over a defaulted loan to build a Hyatt hotel near the Asheville airport filed for bankruptcy on Sunday, reporting assets and liabilities between $10 million and $50 million.
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March 03, 2025
Calif. BMO Worker Can Bank On Litigating 401(k) Suit In Ill.
A proposed class action challenging BMO Financial Corp.'s alleged misuse of forfeited retirement contributions should be litigated in Illinois, where most of the bank's evidence and witnesses are located, a California federal judge said on Friday.
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March 03, 2025
Life Science Consulting Firm Hits Ch. 11 With Sale Plans
Azzur Group, which offers services for pharmaceutical developers, filed for bankruptcy in Delaware with at least $100 million in debt and plans to hold an auction backed by a $56 million stalking horse offer.
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March 03, 2025
High Court Declines Souvenir Store's TM Fraud Case
The U.S. Supreme Court said Monday it will not consider a Florida souvenir store chain's challenge to a Second Circuit decision shutting down its case that a bankrupt beachwear company fraudulently procured a trademark registration to secure a $3.5 million settlement.
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February 28, 2025
J&J Talc Spinoff Wraps Two-Week Chapter 11 Trial
A marathon Chapter 11 trial for Johnson & Johnson's talc liability unit wrapped up Friday, with attorneys defending the $10 billion plan against competing efforts to toss the Texas bankruptcy.
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February 28, 2025
Judge Refuses To Dismiss $500M Miss America Suit
A Florida judge has denied the bulk of real estate developer Glenn Struab and two associates' attempt to escape a fraud and racketeering lawsuit that accuses them of conspiring to assert control and ownership of the company that runs the Miss America pageant and seeks $500 million in damages.
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February 28, 2025
Real Estate Recap: Gov't Lease Limbo, AI Upset, Profiteering
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including attorney insights into federal lease upheaval, the impact of AI efficiency on data centers and price-gouging in the aftermath of the Los Angeles wildfires.
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February 28, 2025
FDIC Can't Nix SVB Trust's Claims Feds Must Turn Over $1.93B
A California federal judge has tossed a pair of claims from SVB Financial Trust's lawsuit alleging that the FDIC wrongfully took control of $1.93 billion in deposits amid Silicon Valley Bank's collapse, dismissing due process claims for good but allowing the trust to pursue promissory estoppel allegations and so-called turnover claims.
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February 28, 2025
Ex-UBS Financial Adviser Must Pay $2M Back, 11th Circ. Told
UBS urged the Eleventh Circuit on Friday to undo rulings in a bankruptcy adversary case precluding a former financial adviser from paying back the proceeds of a $2 million loan deposited in a joint account with his wife, saying the funds shouldn't be immune to creditors.
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February 28, 2025
Carbon Project Investor C-Quest Hits Ch. 7
Carbon project developer C-Quest Capital has filed for Chapter 7 liquidation in a Delaware bankruptcy court as its ex-CEO faces charges he fraudulently obtained millions of dollars worth of carbon credits.
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February 27, 2025
4th Circ. Says Trustees Can't Settle Co.'s Suit Against Ex-CEO
Separate bankruptcy trustees for a company and its former CEO have no right to settle the company's fraud claims against the CEO with insurance proceeds from a directors and officers policy, the Fourth Circuit ruled, agreeing with the insurer that only the former CEO himself has consent-to-settle rights.
Expert Analysis
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How Ch. 11 Can Alleviate Merchant Cash Advance Concerns
Merchant cash advance funding is one of the biggest challenges for small businesses today because funders are so prevalent, aggressive and expensive, but bankruptcy can provide several tools for dealing with MCA agreements that may allow the debtor business to restructure and survive, says Patricia Fugée at FisherBroyles.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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8 Lessons Yellow Corp. Layoffs Can Teach Distressed Cos.
A Delaware bankruptcy court’s recent decision, examining trucking company Yellow Corp.’s abrupt termination of roughly 25,500 employees, offers financially distressed businesses a road map for navigating layoffs under the Worker Adjustment and Retraining Notification Act, say attorneys at King & Spalding.
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.
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Lessons From Two New Year's Eve Uptier Exchange Decisions
On the last day of 2024, two different courts issued important decisions relating to non-pro rata uptier exchanges — and while they differ, both rulings highlight that transactions effected in reliance on undefined terms in debt agreements come with increased risk, say attorneys at Simpson Thacher.
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Series
Playing Rugby Makes Me A Better Lawyer
My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.
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Opinion
No, Litigation Funders Are Not 'Fleeing' The District Of Del.
A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.
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5 E-Discovery Predictions For 2025 And Beyond
In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.
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7 Ways 2nd Trump Administration May Affect Partner Hiring
President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.
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E-Discovery Quarterly: Rulings On Custodian Selection
Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.
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Series
Exercising On My Peloton Bike Makes Me A Better Lawyer
While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.