Large Cap

  • May 13, 2025

    Catching Up With New Bankruptcy Case Action

    Weight loss business WeightWatchers entered Chapter 11 in Delaware, as did medical technology company Accelerate Diagnostics Inc. and California-based biotechnology company Synthego Corp. Here are the week's new bankruptcy cases.

  • May 13, 2025

    Democracy Forward Picks Up 4 More Ex-DOJ Attys

    The legal advocacy group Democracy Forward has brought on four former U.S. Department of Justice litigators, adding to a string of hires the organization has made from the federal government as it takes on the Trump administration in court.

  • May 12, 2025

    Rite Aid Back In Ch. 11, Tupperware Gets OK To Liquidate

    Drugstore chain Rite Aid reentered bankruptcy less than a year after its earlier reorganization plan was approved, and received a bankruptcy court's permission to conduct asset sales. Food storage container maker Tupperware Brands Corp. received court approval for its Chapter 11 liquidation plan. And a Washington University law professor was named the consumer privacy ombudsman in 23andMe's Chapter 11 case.

  • May 12, 2025

    Unions Assert WARN Claims In Yellow Bankruptcy Appeal

    The Teamsters and the International Association of Machinists are challenging a bankruptcy court's finding that Yellow Corp. is not liable for failing to tell 22,000 union workers they were about to lose their jobs because the company was folding, asking a Delaware federal judge to reverse the ruling.

  • May 12, 2025

    Crypto Analysis Biz Says Celsius Can't Shift Fraud Blame

    Chainalysis Inc. is asking a New York federal judge to throw out a lawsuit brought against it by defunct cryptocurrency platform Celsius Network, saying Celsius is trying to deflect the blame for fraud perpetrated by the company and its executives.

  • May 12, 2025

    Will Justices Finally Rein In Universal Injunctions?

    The U.S. Supreme Court is expected to address for the first time Thursday the propriety of universal injunctions, a tool federal judges have increasingly used to broadly halt presidential orders and policy initiatives, and whose validity has haunted the high court's merits and emergency dockets for more than a decade.

  • May 12, 2025

    Food Distributor Harvest Can Tap Reworked $104M Ch. 11 DIP

    A Texas bankruptcy judge on Monday gave interim approval to Harvest Sherwood Food Distributors Inc.'s $104 million Chapter 11 financing, allowing it to access $5 million of new funds after it shifted a debt rollup that drew objections.

  • May 12, 2025

    Forever 21 Says No Buyer In Sight, Liquidation Expected

    A Delaware bankruptcy judge on Monday gave Forever 21 permission to send its Chapter 11 plan out for a creditor vote after the fast-fashion retailer said it had not found a going-concern buyer and will likely be liquidating its remaining assets.

  • May 12, 2025

    NJ Judge Approves Bed Bath & Beyond's $1.95M ERISA Deal

    A New Jersey federal judge gave an initial nod to a $1.95 million deal to resolve a proposed class action accusing Bed Bath & Beyond's 401(k) committee of mismanaging 2,100 employees' retirement plan before ultimately scrapping that plan entirely and declaring bankruptcy.

  • May 09, 2025

    Real Estate Recap: 'Preposterous' Rule, MoFo On Debt, Big 4

    Catch up on this past week's key developments by state from Law360 Real Estate Authority — including attorney views of a U.S. Securities and Exchange Commission rule affecting real estate, one BigLaw leader's insights into new debt funds, and what the four largest brokerages said about 2025's first quarter.

  • May 09, 2025

    No Sanctions For Bankrupt Crypto Miner In Celsius Row

    A Delaware bankruptcy judge declined Friday to impose sanctions on cryptocurrency mining company Mawson Infrastructure Group, saying she was unconvinced by Celsius Network's allegations that the involuntary debtor acted in bad faith.

  • May 09, 2025

    Del. Judge Allows Late Survivor Claim In Boy Scouts Ch. 11

    A Delaware bankruptcy judge has ruled a former Boy Scout's claim of repressed memories of sexual abuse is a valid reason for missing a deadline to apply for damages from the trust established in the Boy Scouts of America's Chapter 11 case.

  • May 09, 2025

    What's Happening In Bankruptcy Court This Coming Week

    Delaware bankruptcy judges will weigh the Chapter 11 plan disclosures of Forever 21 and telecom company Ligado Networks, a collection of asset sales proposed by bankrupt trucking company Yellow Corp., as well as Danimer Scientific Inc.'s stalking horse sale to a polymer supplier.

  • May 09, 2025

    Harvest Sherwood's $104M Ch. 11 DIP Rejected Over Rollup

    A Texas bankruptcy judge vetoed Harvest Sherwood's $104 million Chapter 11 loan on Friday after creditors challenged the timing of and need for a $79 million rollup of prepetition debt early in the case as the defunct food distributor looks to wind down.

  • May 09, 2025

    Sandy Hook Families Want Alex Jones To Pay Up Amid Appeal

    A Connecticut appeals court should not extend a stay on the enforcement of a $1.3 billion judgment against bankrupt Infowars host Alex Jones while he brings his case to the U.S. Supreme Court, the families of Sandy Hook shooting victims said in opposition to his pending motion, arguing that his newly raised constitutional claims are late and meritless.

  • May 09, 2025

    Meet The Attorneys Guiding WeightWatchers' Ch.11 

    A team of lawyers from Young Conaway Stargatt & Taylor LLP and Simpson Thacher & Bartlett LLP is leading the Chapter 11 bankruptcy case of WeightWatchers, as the company plans to cut its debt under a restructuring plan set for confirmation in June. 

  • May 09, 2025

    Souter's Clerks Remember Him As Humble, Kind And Caring

    Former clerks of retired U.S. Supreme Court Justice David H. Souter are heartbroken over the death of a man many of them remember more for his conscientiousness, humility, kindness and disdain for the spotlight than for his undeniable brilliance as a jurist.

  • May 09, 2025

    Hiker And 'Raconteur': Atty Recalls 50-Year Bond With Souter

    Behind a towering legal legacy was a man who loved to hike mountains, could recall details of things he read decades ago and was always there for those he cared about, a New Hampshire attorney said as he reflected on a lifelong friendship with U.S. Supreme Court Justice David Souter.

  • May 09, 2025

    A Look At David Souter's Most Significant Opinions

    The retired Justice David Souter defied simple definition, viewed as a staunch conservative until he co-wrote an opinion upholding abortion rights in 1992. He did not hew to partisan lines, but reshaped the civil litigation landscape and took an unexpected stand in an extraordinarily close presidential election.

  • May 09, 2025

    Justice Souter Was An Unexpected Force Of Moderation

    Justice David Souter, who saw the high court as a moderating force apart from the messiness of politics, subverted the expectations of liberals and conservatives alike during his 19 years on the bench.

  • May 09, 2025

    Retired Supreme Court Justice David Souter Dies At 85

    Retired Justice David H. Souter, who served on the U.S. Supreme Court from 1990 to 2009, has died at 85, the court announced Friday. 

  • May 08, 2025

    Celsius Founder Gets 12 Years For Massive Crypto Fraud

    The founder and former CEO of defunct Celsius Network on Thursday was sentenced to 12 years in prison for deceiving customers about the crypto lender's profitability and business practices, and falsely inflating the price of the platform's native token, CEL.

  • May 08, 2025

    Girardi's Mental Health Hearing Delayed Until June

    A California federal judge on Thursday postponed a mental health evaluation hearing for Tom Girardi meant to aid the court in sentencing the disbarred attorney for his wire fraud conviction, finding that because Girardi is hospitalized and did not waive his right to be present at the proceedings, it should not go forward as scheduled. 

  • May 08, 2025

    Under The Radar: Bankruptcy News You May Have Missed

    Newly bankrupt Rite Aid was let off the hook for multidistrict litigation over a blood pressure medication, thanks to discharges from its previous, now-closed Chapter 11. Strawberry grower Driscoll's took exception to a vertical farmer's bid to sell one of its master services agreements. And trucking company Yellow Corp. asked to conduct yet another asset sale.

  • May 08, 2025

    WeightWatchers To Seek OK For Equity Swap Ch. 11 In June

    WeightWatchers expects it will be able to set aside some equity in a reorganized company for existing stockholders while cutting $1.15 billion in debt under a Chapter 11 plan that is scheduled for a confirmation hearing in June, the debtor told a Delaware bankruptcy judge on Thursday.

Expert Analysis

  • 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.

  • 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.

  • Law Firms Should Move From Reactive To Proactive Marketing

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    Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.

  • Chapter 11 Ruling Signals Emphasis On Lockup Provisions

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    A New York bankruptcy court's recent ruling in GOL Linhas Aéreas Inteligentes’ Chapter 11 case provides creditors with a strong basis for resisting requests to lock up or otherwise limit their voting rights, say Dania Slim and Andrew Alfano at Pillsbury.

  • Vendor Rights Lessons From 2 Chapter 11 Cases

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    A Texas federal court’s recent critical vendor order in the Zachry Holdings Chapter 11 filing, as well as a settlement between Rite Aid and McKesson in New Jersey federal court last year, shows why suppliers must object to critical vendor motions that do not recognize creditors' legal rights, says David Conaway at Shumaker.

  • Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?

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    A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.

  • E-Discovery Quarterly: Rulings On Hyperlinked Documents

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    Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.

  • 3rd Circ. Ruling Shows Benefits Of IP Licenses In Bankruptcy

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    The Third Circuit’s recent ruling in Mallinckrodt’s Chapter 11 filing, which held that Mallinckrodt could sever its obligations to pay Sanofi royalties on sales of an autoimmune disease drug, highlights the advantages of structuring transactions as nonexclusive licenses for developers of intellectual property, say Gregory Hesse and Kaleb Bailey at Hunton.

  • Congress Must Increase Small Biz Ch. 11 Debt Cap

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    Congress must act to reinstate Subchapter V, which recently sunsetted when the debt threshold to qualify reverted from $7.5 million to just over $3 million, meaning thousands of small businesses will no longer be able to use the means of reorganization, says Daniel Gielchinsky at DGIM Law.

  • How To Grow Marketing, Biz Dev Teams In A Tight Market

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    Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.

  • Justices' Ch. 11 Ruling Is A Big Moment For Debtors' Insurers

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    The U.S. Supreme Court’s recent Truck Insurance v. Kaiser Gypsum ruling upends decades of Chapter 11 bankruptcy jurisprudence that relegated a debtor’s insurer to the sidelines, giving insurers a new footing to try and avoid significant liability, say Stuart Gordon and Benjamin Wisher at Rivkin Radler.

  • SVB Ch. 11 Shows Importance Of Filing Proof Of Claim Early

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    After a New York bankruptcy court’s recent ruling in SVB’s Chapter 11 case denied late claims filing requests related to post-bar date events, parties with potential claims against a debtor may need to seriously consider filing protective proofs of claim, says Kyle Arendsen at Squire Patton.

  • High Court Made Profound Mistake In Tossing Purdue Deal

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    The U.S. Supreme Court's recent decision to throw out Purdue Pharma's Chapter 11 plan jeopardizes a multistate agreement that would provide approximately $7 billion in much-needed relief to help fight the opioid epidemic, with states now likely doomed to spend years chasing individual defendants across the globe, says Swain Wood at Morningstar.

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