Mid Cap
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June 20, 2025
Tariffs Are Causing Bankruptcies, And A New DIP Covenant
From a small Canadian clothing retailer to a global auto parts maker, at least four companies placed the blame for their recent bankruptcies squarely on America's new tariff regime, with one even adding a tariff-specific covenant to its post-petition financing deal.
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June 20, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Pogust Goodhead face legal action from mining giant BHP Group, Trainline bring a procurement claim against the Department for Transport, Sworders auction house sue Conservative peer Patricia Rawlings, and Nokia hit with a patents claim by Hisense. Here, Law360 looks at these and other new claims in the U.K.
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June 20, 2025
School Operator Gets Nod On Initial Ch. 11 Financing
Higher Ground Education Inc., an owner and operator of Montessori schools, received interim approval Friday from a Texas bankruptcy judge to access a portion of its $8 million in Chapter 11 financing, after issues over the loan's fees and a roll up of prepetition debt were addressed.
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June 20, 2025
What's Happening In Bankruptcy Court This Coming Week
Bankruptcy judges will consider Exela Technologies' Chapter 11 plan and disclosure statement, decide whether Party City can solicit creditor votes on its plan, rule on the roughly $7 million asset sale of Publishers Clearing House, and address second-day motions in Everstream Solutions' case.
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June 20, 2025
Rhodium, Investors Agree To Delay Ch. 11 Exclusivity Fight
A Texas bankruptcy judge said Friday he will allow cryptocurrency miner Rhodium to set aside a group of startup funders' bid to terminate its exclusive right to file a Chapter 11 plan in its insolvency case, agreeing to first decide whether claims asserted by the investors are valid.
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June 20, 2025
White And Williams Hires 6, Launches 3 New Practices
White and Williams LLP announced this week that it has welcomed six Northeastern attorneys to its business department, two of whom will lead three new practice areas for the firm.
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June 20, 2025
Gymnastics Co. Cuts Deal In EEOC Sex Harassment Suit
A gymnastics business will pay a former coach $50,000 to resolve a U.S. Equal Employment Opportunity Commission suit claiming the company's co-owner repeatedly propositioned her and other teen workers for sex, according to a Mississippi federal court filing.
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June 20, 2025
Akoustis Strikes Deal With Rival On Sale, Ch. 11 Claims
A Delaware bankruptcy judge Friday approved the $6 million sale of a subsidiary of bankrupt radio frequency filter maker Akoustis Technologies after hearing the company has reached a deal with a competitor who had accused it of stealing trade secrets.
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June 18, 2025
ABI Meeting Covers Chapter 11s, Trump, Cross-Border Issues
Lawyers, judges, clerks, academics and others met Tuesday for the American Bankruptcy Institute's one-day conference in New York City to examine key issues facing bankruptcy and restructuring professionals.
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June 18, 2025
23andMe Seeks To Ease Concerns Over Sale To Founder
Several states indicated Wednesday they may no longer oppose the $305 million sale of 23andMe to a nonprofit led by Anne Wojcicki, a co-founder of the company, after the debtor structured the transaction as an equity transfer.
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June 18, 2025
Village Roadshow Approved For $417.5M Ch. 11 Asset Sale
Movie production company Village Roadshow Entertainment Group received approval Wednesday from a Delaware bankruptcy court for a $417.5 million sale of its film library assets, including blockbusters like "The Matrix," "Ocean's Eleven" and "Sherlock Holmes," after informing the court it had resolved all outstanding objections to the transaction.
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June 18, 2025
Montessori School Owner Files Ch. 11 With $144M Of Debt
Higher Ground Education Inc., once the largest owner and operator of Montessori schools in the world, filed for Chapter 11 protection late Tuesday in Dallas, saying it has an agreement with stakeholders to obtain postpetition financing and turn the company over to secured creditors.
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June 18, 2025
Under The Radar: Bankruptcy News You May Have Missed
The Roman Catholic diocese in Buffalo, New York, was ordered to use only a share of proceeds from the sale of a seminary building for a settlement with sexual abuse survivors. Meanwhile, a charter school funding company asked a bankruptcy judge to approve its speedy Chapter 11 sale process. And bankrupt electric-vehicle maker Nikola Corp. requested more time to draft its liquidation plan.
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June 18, 2025
Eversheds Sutherland Adds Ex-Kelley Drye Restructuring Atty
Eversheds Sutherland announced Tuesday the hiring of a New York-based counsel formerly of Kelley Drye & Warren LLP for its U.S. finance practice group.
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June 17, 2025
SilverRock's $60M Ch. 11 Stalking Horse Bid Gets Green Light
Acknowledging property owner and creditor valuation objections and unsettled claims, a Delaware bankruptcy judge on Tuesday approved a $60 million stalking horse offer intended to jumpstart bidding for a 134-acre tract southeast of Los Angeles that was once part of a resort development plan.
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June 17, 2025
Pa. Landlord Says Kohl's Can't Skirt Lease, Shield Profits
The owner of a Pottstown, Pennsylvania, mall has accused Kohl's of attempting to unilaterally terminate its lease and duck payment obligations while liquidating merchandise to which the landlord was entitled, according to a lawsuit filed in federal court.
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June 17, 2025
Catching Up With New Bankruptcy Case Action
Tariff-related uncertainty led home furnishing retailer At Home Group Inc. and automotive parts manufacturer Marelli Corp. to file for bankruptcy, Florida-based Contour Spa cited rapid expansion as a key reason for its financial downfall, and a firm behind a major hospital redevelopment project in Detroit filed for Chapter 11 after failing to meet its commitments to the city.
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June 17, 2025
Judge OKs Deal To End LeClairRyan Founder Tax Claims
A Virginia bankruptcy judge Tuesday approved a settlement striking LeClairRyan PLLC founder Gary LeClair from the list of owners of the defunct firm, relieving him of responsibility for a share of the firm's nearly $21 million in tax liabilities.
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June 17, 2025
Hooters Can Seek Ch. 11 Plan Votes Following Creditor Deal
A Texas bankruptcy judge determined Tuesday that Hooters of America may solicit votes on its Chapter 11 plan after the troubled casual dining chain reached an agreement with its unsecured creditors committee, overruling objections lodged by the U.S. Trustee's Office.
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June 17, 2025
BowFlex Recall Burdens Buyers Of 3.7M Dumbbells, Suit Says
A BowFlex buyer is suing the brand's new owner in California federal court, alleging that a recall of defective adjustable dumbbells wrongly leaves out the vast majority of the product's buyers, covering only about 100,000 of the 3.8 million products sold.
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June 16, 2025
Stoli USA Gets Initial Approval To Keep Using Lender Cash
The U.S. arm of vodka giant Stoli Group and lender Fifth Third Bank reached an agreement Monday to let the company make a $400,000 payment to keep product shipments on track, with a Texas bankruptcy judge saying he would consider additional relief at a hearing set for Tuesday.
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June 16, 2025
SilverRock Lenders Say $60M Ch. 11 Baseline Bid Too Low
Secured lenders of resort construction firm SilverRock Development Corporation have objected to the debtor's proposed designation of a stalking-horse bid, telling a Delaware bankruptcy court on Monday the $60 million offer is far below the asserted value of the company's real estate assets.
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June 16, 2025
Burgess Biopower Gets OK For Ch. 11 Debt-Equity Swap
A Delaware bankruptcy judge on Monday approved the Chapter 11 debt-equity-swap reorganization of New Hampshire power plant operator Burgess BioPower.
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June 16, 2025
23andMe Names New Buyer, Pa. Retirees Sue Over Ch. 9 Sale
Retired employees of a Philadelphia suburb filed a lawsuit to open the sale of municipal water systems to private operators in Chester, Pennsylvania's Chapter 9 municipal bankruptcy. 23andMe said it selected a nonprofit created by its co-founder to buy the consumer genetic testing company's assets, replacing a pharmaceutical developer that won a Chapter 11 auction. And Jackson Walker, one of its former attorneys and a former bankruptcy judge are facing a proposed class action, the latest fallout from a 2023 ethics scandal in Texas.
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June 16, 2025
Angeion Group Expands, Rebrands Its Bankruptcy Services
Philadelphia-based litigation support company Angeion Group, which provides legal administration and group litigation support services, announced Monday the hiring of two new executive vice presidents for its bankruptcy services division.
Expert Analysis
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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Perfecting Security Interests In Renewable Energy Tax Credits
The ability to transfer renewable energy tax credits has created new opportunities for developers, investors and lenders, but it also raises important questions regarding when and how the security interests in these credits are perfected — questions that must be answered definitively to protect credit claims and transactions, says Harry Teichman at Stinson.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.
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Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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3 Del. Bankruptcy Cases Highlight US Trustee Objections
As three recent Delaware bankruptcy cases show, debtors who seek approval of a stalking horse bid protections agreement should be prepared for the U.S. Trustee Office's objections, including if the proposed classification for the bid protections is a superpriority administrative expense claim, says Kyle Arendsen at Squire Patton.
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Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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A Judge's Pointers For Adding Spice To Dry Legal Writing
U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.
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Lessons Learned From SAS' Flight Through Chapter 11
Scandinavia's SAS is the first European airline to find its wings through the U.S. Chapter 11 process since COVID-19 rocked the aviation industry — and while the process involved some familiar steps, certain complex jurisdictional issues and non-U.S. stakeholders required the carrier to venture into uncharted airspace, says Emily Hong at Norton Rose.
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Bankruptcy Ruling Provides Guidance On 363 Asset Sales
HE v. Avadim Holdings, a recent ruling from the District of Delaware, underscores the principle that rejection of executory contracts does not unwind completed transfers of property and the importance of clear and precise language in sale orders and asset purchase agreements in bankruptcy cases, say attorneys at Eversheds Sutherland.