Mid Cap
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April 17, 2025
Fracking Co. Nitro Can Sell Assets For $10M In Ch. 11
A Texas bankruptcy court on Thursday granted fracking services provider Nitro Fluids' motion to sell some of its assets to a stalking horse bidder for almost $10 million.
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April 17, 2025
'Matrix' Producer Lands New, $52.5M Higher Stalking Horse
Movie production and finance company Village Roadshow Entertainment Group asked a Delaware bankruptcy judge to approve a new stalking horse in its Chapter 11, saying the $417.5 million bid for its library tops an earlier offer.
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April 17, 2025
Debt Firm's Successor, Ch. 11 Trustee End Latest Pay Dispute
A law firm that bought thousands of client files left over from the collapse of bankrupt California-based debt relief business Litigation Practice Group PC has agreed to pay nearly $1 million to the bankruptcy estate to help settle a payment dispute that began months ago.
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April 17, 2025
Coach USA Insurer Seeks Coverage Clarification In Ch. 7 Case
An insurer for bus operator Coach USA Inc. asked a Delaware bankruptcy court to find that it does not owe commercial auto liability coverage for certain claims arising out of Coach's operations that are insured by its captive insurer.
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April 17, 2025
Data Breach, Market Challenges Led 23andMe To Ch. 11
Facing macroeconomic headwinds, including rising inflation and expenses associated with a major data breach in October 2023, genetic testing company 23andMe launched a Chapter 11 case last month in Missouri bankruptcy court, disclosing $214 million in debt and its intention to sell the business.
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April 17, 2025
Dorsey & Whitney Adds DOJ Bankruptcy Ace In Del., NY
Dorsey & Whitney LLP has fortified its bankruptcy and financial restructuring group in Delaware and New York with an attorney who came aboard from the U.S. Department of Justice.
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April 16, 2025
3rd Circ. Punts Mining Co. Document Fight To Ch. 11 Judge
The Third Circuit vacated a Delaware bankruptcy judge's order to unseal records a successor of Essar Steel's U.S. unit is seeking to bolster its antitrust claims against Cleveland-Cliffs, ruling Wednesday that the Chapter 11 judge used the wrong standard.
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April 16, 2025
Cutera's Ch. 11 Approved With Opt-Out Releases Intact
The Chapter 11 plan of skin care technology company Cutera Inc. received approval Wednesday from a Texas bankruptcy court, with an opt-out mechanism for third-party releases intact over the objection of the U.S. Trustee's Office.
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April 16, 2025
Limits On Conn. Biz Law Stay In Effect In Sandy Hook Case
A Connecticut appeals court's $150 million paring of a $1.44 billion judgment against Infowars host Alex Jones for defaming the Sandy Hook Elementary School shooting victims' families was a shift away from a broader view of the state's most popular business litigation statute, several experts told Law360.
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April 16, 2025
Fla. Realty Co. Sued Over Home Liens Told To Pay Ch. 11 Bills
A Florida bankruptcy judge on Wednesday said he would approve judgments ordering a realty company sued over predatory listing contracts that effectively acted as liens on homes to pay more than $800,000 in Chapter 11 fees, including to attorneys representing homeowners allegedly duped into signing the agreements.
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April 16, 2025
Jackson Walker Hits Back At Bankruptcy Court Standing Brief
Jackson Walker LLP told a federal judge that the CEO of a now-bankrupt barge company is improperly trying to relitigate the issue of standing in bankruptcy court with his suit over a former judge's secret romance with a firm partner.
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April 16, 2025
Texas Judge Romance Fees Trial Nixed After Disputes Moved
A Texas federal bankruptcy judge on Wednesday canceled an upcoming trial after a federal district court agreed to preside over a suit brought by the U.S. Trustee's Office in an effort to make Jackson Walker LLP forfeit fees from more than 30 cases overseen by a former bankruptcy judge who was romantically involved with a onetime partner at the firm.
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April 16, 2025
Meet The Attys Leading Publishers Clearing House In Ch. 11
Bankrupt sweepstakes company Publishers Clearing House has called upon attorneys from Klestadt Winters Jureller Southard & Stevens LLP to guide its Chapter 11 while it seeks to sell assets and concentrate its future on digital advertising.
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April 15, 2025
2nd Circ. Nixes Insurer's Arbitration Bid in Constellation Suit
The Second Circuit on Tuesday affirmed that Allied World National Assurance Co. can't force a dispute over coverage for negligence claims asserted against directors and officers of medical accounting conglomerate Constellation Healthcare Technologies Inc. into arbitration.
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April 15, 2025
Fintech Creativemass Seeks Quick Liquidation In Ch. 11
A Delaware bankruptcy judge on Tuesday approved a number of first-day motions in the Chapter 11 case of Creativemass, a wealth management app developer that is pursuing a prepackaged liquidation plan through which it would repay creditors in full and wind down.
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April 15, 2025
Chinese Real Estate Developer Hit With Involuntary Ch. 11
Three creditors of Chinese real estate developer Xinyuan Real Estate Co. Ltd. filed an involuntary bankruptcy petition against the company late Monday, saying it is in default on $170 million in note debt.
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April 15, 2025
9th Circ. Backs $272M Verdict For Monster In Bang Ad Case
The Ninth Circuit on Tuesday affirmed a $272 million verdict for Monster Energy Co. in a false advertising case against defunct Vital Pharmaceuticals Inc. and its former CEO, rejecting a series of challenges to rulings that narrowed the evidence at trial.
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April 15, 2025
Ore. Distillery Wants To Sell 6,800 Barrels Of Whiskey In Ch. 11
Bankrupt liquor producer House Spirits Distillery has proposed procedures to sell off its inventory of 6,800 barrels of whiskey in Chapter 11, saying it wants the freedom to complete small-scale sales at will to help it remain liquid during its Chapter 11 case.
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April 15, 2025
Telecom Infrastructure Biz Hits Ch. 11 With Up To $50M Debt
Excell Communications Inc., a telecommunications infrastructure developer, and two affiliates filed for bankruptcy in New York with $45.5 million in unsecured debt after losing a key business relationship.
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April 15, 2025
Mounting Fees In Exactech Ch. 11 Worries Judge
Exactech Inc. Tuesday told a Delaware bankruptcy judge that the implant maker has secured enough funding to keep its Chapter 11 case going until its scheduled confirmation hearing at the end of May, while the judge said she was concerned about mounting attorneys fees.
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April 15, 2025
Catching Up With New Bankruptcy Case Action
Publishers Clearing House entered Chapter 11 in New York as it looks to sell assets and focus on its digital business; a paper towel company that stocks Trader Joe's and other grocery store chains entered Chapter 11 in Delaware with a $126 million bid to buy its company as a sale floor; and a Brazilian sugar producer asked a New York bankruptcy court to recognize a foreign insolvency.
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April 15, 2025
Husch Blackwell Adds Chamberlain Hrdlicka Bankruptcy Ace
Husch Blackwell LLP has fortified its insolvency and commercial bankruptcy practice with a partner in Austin, Texas, who came aboard from Chamberlain Hrdlicka White Williams & Aughtry.
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April 14, 2025
Fulcrum's Ch. 11 Plan Approved Following Asset Sales
Waste-to-fuel recycler Fulcrum Bioenergy received approval Monday for its Chapter 11 plan of liquidation following a surprisingly successful sale process, debtor's counsel said.
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April 14, 2025
Debt Deals On The Rise, Purdue Can Begin Claims Processing
A Texas district court, not a bankruptcy court, will oversee the U.S. trustee's efforts to claw back millions in legal fees paid to Jackson Walker over an undisclosed relationship between an attorney and bankruptcy judge; out-of-court debt deals eclipsed Chapter 11s by a 4-to-1 ratio last year; and drug manufacturer Purdue Pharma can begin processing claims ahead of a Chapter 11 confirmation hearing. This is the week in bankruptcy.
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April 14, 2025
UK Co. Says Ex-Sikorsky Atty Gave 'Inconsistent' Testimony
A British company locked in a $64 million contract feud with Lockheed Martin subsidiary Sikorsky Aircraft accused its former in-house counsel of giving testimony "blatantly inconsistent" with other evidence at a Connecticut trial, requesting the alleged transgressions be discussed after a Texas bankruptcy judge slammed the lawyer for providing "false statements" in a separate matter.
Expert Analysis
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Group Running Makes Me A Better Lawyer
The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.
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6 Changes I Would Make If I Ran A Law School
Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.
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Firms Still Have The Edge In Lateral Hiring, But Buyer Beware
Partner mobility data suggests that the third quarter of this year continued to be a buyer’s market, with the average candidate demanding less compensation for a larger book of business — but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.
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A Closer Look At SDNY Bankruptcy Rule Amendments
The U.S. Bankruptcy Court for the Southern District of New York’s recent amendments to its local rules aim to streamline key Chapter 11 processes, resolve misunderstandings about previous iterations of the rules and urge caution about the use of artificial intelligence, say attorneys at Skadden.
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FTX Exec's Sentencing Shows Pros And Cons Of Cooperation
The sentencing of former FTX tech deputy Gary Wang, whose cooperation netted him a rare outcome of no prison time, offers critical takeaways for attorneys and clients navigating the burgeoning world of crypto-related prosecutions, says Andrew Meck at Whiteford.
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Gardening Makes Me A Better Lawyer
Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.
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Equitable Mootness Insights From Greenlit Ch. 11 Plan Appeal
A Texas federal court recently allowed a challenge to ConvergeOne's Chapter 11 bankruptcy plan to proceed because it wouldn't disrupt the IT company's confirmed plan or harm creditors, reinforcing the importance of judicial restraint in applying equitable mootness where limited relief is possible, say attorneys at Parkins & Rubio.
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Litigation Inspiration: Reframing Document Review
For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.
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The Challenges Of Abandoned Retirement Plans In Ch. 7
The Department of Labor's rule for unwinding retirement accounts when plan sponsors file for Chapter 7 bankruptcy was intended to alleviate trustees' administration issues, but practical challenges, like unresolved fee and identification matters, could hinder its implementation, say David Goodrich at Golden Goodrich and Nancy Simons at Stretto.
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Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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When Investigating An Adversary, Be Wary Of Forged Records
Warnings against the use of investigators who tout their ability to find an adversary’s private documents generally emphasize the risk of illegal activity and attorney discipline, but a string of recent cases shows an additional danger — investigators might be fabricating records altogether, says Brian Asher at Asher Research.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.