Mid Cap

  • July 23, 2024

    Rudy Giuliani Says MyPillow CEO Covered His RNC Travel

    Rudy Giuliani clarified Tuesday that his travel to and from the Republican National Convention was covered by MyPillow CEO Mike Lindell's conservative media outlet FrankSpeech, according to a filing in New York federal bankruptcy court.

  • July 23, 2024

    Cannabis Industry Stakeholders Weigh In On Rescheduling

    As the period for public comment on the Biden administration's proposal to reclassify marijuana came to a close Monday, anti-legalization activists, marijuana industry advocates and state cannabis regulators each submitted their thoughts on the potential policy shift.

  • July 23, 2024

    Judge Won't Force Meta To Run Bankrupt Rubio's Ads

    A Delaware bankruptcy judge on Tuesday denied a temporary restraining order requested by fast-casual seafood chain Rubio's Coastal Grill against Meta Platforms Inc., which alleged Meta violated an automatic stay in the Chapter 11 case by not running Rubio's ads after the company didn't pay fees it had incurred prepetition. 

  • July 23, 2024

    Sports Retailer Wins Final OK To Tap Cash Collateral In Ch. 11

    A Delaware bankruptcy judge agreed Tuesday to allow the parent of two sports retail chains to continue using cash collateral in its Chapter 11 reorganization, after the company filed a final draft of a proposed order that satisfied concerns laid out by PNC Bank, its largest creditor.

  • July 23, 2024

    Bittrex Raises 'Red Flags' On $20M Customer Crypto Claim

    Bankrupt cryptocurrency exchange Bittrex on Tuesday asked a Delaware bankruptcy judge to reject an account holder's $20 million claim, saying there are too many "red flags" of possible illegal activity around the account for it to release the assets.

  • July 23, 2024

    Airspan Gets OK On $5M DIP Add Amid Regulator Delay

    A Delaware bankruptcy judge on Tuesday approved telecommunications company Airspan Networks' request for $5 million in supplemental debtor-in-possession financing, enabling the company to fund operations as it awaits regulatory approval of its Chapter 11 plan.

  • July 23, 2024

    Malpractice Insurer Escapes Conn. Firm's Suit For Coverage

    A Connecticut law firm and its principal will not have their legal bills reimbursed by their malpractice insurer after a state judge granted an early win to the insurance company, noting the firm admitted it was already facing a misconduct claim when its policy went into effect.

  • July 23, 2024

    18 Whiteford Attys Launch Raines Feldman's Pittsburgh Office

    More than a dozen attorneys specializing in bankruptcy, and securities and commercial litigation, have left Whiteford Taylor & Preston to help Raines Feldman Littrell launch its new office in Pittsburgh this week.

  • July 23, 2024

    Ex-Parler Owner Proposes Ch. 11 Sale Plan, Creditor Deal

    The former owner of conservative social media platform Parler filed proposed Chapter 11 bidding procedures in Delaware court late Monday along with a settlement with its senior secured creditor that will return $300,000 to the estate.

  • July 23, 2024

    Former Doctor To Be Released From Jail In FBAR Fight

    A former doctor will be released from U.S. custody after a Michigan federal court lifted Tuesday an order of civil contempt against him for failure to pay about $1 million in foreign account reporting penalties.

  • July 22, 2024

    Purdue Release Ruling May Spur Creative Ch. 11 Workarounds

    With nonconsensual third-party releases off the table following the U.S. Supreme Court's June decision in the Purdue Pharma bankruptcy, restructuring attorneys are looking at a variety of ways to work around the restriction, from more aggressive assertion of derivative claims to Chapter 15 filings with third-party releases.

  • July 22, 2024

    Bankrupt Nursing Homes To Pay $36M To End DOL Wage Suit

    More than a dozen bankrupt nursing homes will have to pay nearly $36 million in a U.S. Department of Labor's suit claiming workers weren't paid full wages after creating "an adversarial" payroll structure, a Pennsylvania federal judge ruled Monday.

  • July 22, 2024

    Watchdog Says Pioneer Health Trustee Can't File Plan

    The Office of the U.S. Trustee objected to a proposal to strip debtor Pioneer Health Systems LLC of control over its Chapter 11 case, saying the Subchapter V trustee that would take over is unable to file a plan of reorganization due to limitations in the Bankruptcy Code.

  • July 22, 2024

    Clothing Co. Delta Seeks Ch. 11 Consulting Fees For Ex-Execs

    Clothing manufacturer Delta Apparel and its affiliates asked for a Delaware bankruptcy court's permission to pay three former executives, who resigned as the company headed toward insolvency, as consultants so they can help the debtors market their assets, including beachwear brand Salt Life, for sale.

  • July 22, 2024

    US Trustee Asks To Make UrgentPoint's Ch. 11 A Liquidation

    The U.S. Trustee's Office requested that a Delaware bankruptcy judge convert healthcare provider UrgentPoint's Chapter 11 case to a Chapter 7 liquidation, saying the debtor is or shortly will be unable to meet its administrative obligations and put its ability to care for patients at risk.

  • July 22, 2024

    Airspan Needs $5M DIP Add Amid Ch. 11 Regulatory Delays

    Telecommunications company Airspan Networks has asked a Delaware bankruptcy court for permission to borrow an additional $5 million in debtor-in-possession financing to support the business as it waits for regulatory approval in the United Kingdom of its confirmed restructuring plan.

  • July 22, 2024

    Mercon Coffee Can't Grant Insider Releases, Judge Rules

    A New York bankruptcy judge has ruled that coffee supplier Mercon Coffee Group can't reward corporate insiders who stuck with the company through its Chapter 11 case with a release from future litigation.

  • July 19, 2024

    Real Estate Recap: CMBS, Phoenix Evictions, Summer Break?

    Catch up on this past week's key developments by state from Law360 Real Estate Authority — including trends in multifamily commercial mortgage-backed securities, a study of corporate landlord evictions in Phoenix, and the creative lengths real estate lawyers go to when closing the deal on a summer vacation.

  • July 19, 2024

    Tender Greens And Tocaya Get Interim OK For Ch. 11 Loan

    One Table Restaurant Brands LLC, the Los Angeles-based casual restaurant chain that operates Tender Greens and Mexican eatery Tocaya, received interim approval Friday to access $1.7 million of a $3 million debtor-in-possession facility from a prepetition lender that also may submit a stalking-horse credit bid for the company.

  • July 19, 2024

    Coach USA Reaches Deal On DIP Loan, Ch. 11 Sale Process

    Bankrupt bus transportation company Coach USA told a Delaware judge Friday that it had reached agreement with its lenders, unsecured creditors and a stalking horse bidder that allowed the company to finalize a $200 million debtor-in-possession loan and move forward with a sale process for its key business segments.

  • July 19, 2024

    Ex-Pharma Sales Exec Denies Fake Prescription Scheme

    The former vice president of sales for pharmaceutical company U.S. Compounding Inc. pled not guilty in Manhattan federal court Friday to forging fake horse drug prescriptions in order to juice revenues.

  • July 19, 2024

    Judge Will OK Biotech Co.'s Final DIP Loan

    A Delaware bankruptcy judge said Friday she would grant Solar Biotech permission to borrow a final $2.3 million debtor-in-possession loan in its Chapter 11 case, under terms worked out through additional negotiations, once the debtor submits a new proposed order with some tweaks.

  • July 19, 2024

    Dentons Hires Foley & Lardner Bankruptcy Partner

    Dentons said Friday it has hired a bankruptcy partner in Chicago who spent the past 25 years at Foley & Lardner LLP.

  • July 19, 2024

    Jury Finds Gibson The Rightful Owner Of Liberace Piano

    A Boston federal jury on Friday affirmed Gibson Guitars' right to have Liberace's bedazzled 9-foot-long grand piano returned to it from a Massachusetts piano store to which it loaned the entertainer's iconic instrument more than a decade ago.

  • July 19, 2024

    Staveley Drops Fight Over £3.4M Payment In Loan Dispute

    A London judge ended Newcastle United co-owner Amanda Staveley's legal battle over a debt to a Greek shipping magnate after her lawyers said Friday that she had made the over £3.4 million ($4.4 million) payment she had been expected to challenge.

Expert Analysis

  • Ambiguity Ruling Highlights Deference To Arbitral Process

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    A New York federal court’s recent ruling in Eletson v. Levona, which remanded an arbitral award for clarification, reflects that the ambiguity exception’s analysis is not static and may be applied even in cases where the award, when issued, was unambiguous, says arbitrator Myrna Barakat Friedman.

  • What FTX Case Taught Us About Digital Asset Recoverability

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    FTX's Chapter 11 plan has drawn lots of attention, but the focus should be on the anticipated outcome for investors, which counters several myths about digital currencies, innovation and recoverability, says Kyla Curley at StoneTurn.

  • A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates

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    Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.

  • Synapse Bankruptcy Has Ripple Effects For Fintech Industry

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    Synapse Financial Technologies’ recent bankruptcy filing marks a significant moment in the fintech industry's evolution, highlighting that stringent compliance and risk management in fintech partnerships are essential to mitigate risk and protect consumers, say Joann Needleman and Ryan Blumberg at Clark Hill.

  • Discount Window Reform Needed To Curb Modern Bank Runs

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    We learned during the spring 2023 failures that bank runs can happen extraordinarily fast in light of modern technology, especially when banks have a greater concentration of large deposits, demonstrating that the antiquated but effective discount window needs to be overhauled before the next crisis, says Cris Cicala at Stinson.

  • 2 Options For Sackler Family After High Court Purdue Ruling

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    After the U.S. Supreme Court recently blocked Purdue Pharma's plan to shield the family that owns the company from bankruptcy lawsuits, the Sacklers face the choice to either continue litigation, or return to the bargaining table for a settlement that doesn't eliminate creditor claims, says Gregory Germain at Syracuse University.

  • Revisiting Scalia's 'What's It To You?' After Kaiser Ruling

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    While the U.S. Supreme Court's recent decision in Truck Insurance Exchange v. Kaiser allows insurers to be considered "parties in interest" in Chapter 11 cases, they still need to show they would face an injury in fact, answering the late Justice Antonin Scalia's "what's it to you?" question, say Brent Weisenberg and Jeff Prol at Lowenstein Sandler.

  • Florida Banking Brief: All The Notable Legal Updates In Q2

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    The second quarter of 2024 brought two notable bills that will affect Florida's banking and finance community across many issues, including virtual currency abandonment, cancellation of financial services on the basis of political opinions, and the exemption amount of motor vehicles, say Joshua Prever and Andrew Balthazor at Holland & Knight.

  • How To Clean Up Your Generative AI-Produced Legal Drafts

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    As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.

  • Purdue Ch. 11 Ruling Reinforces Importance Of D&O Coverage

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    The U.S. Supreme Court's recent decision in Harrington v. Purdue Pharma, holding that a Chapter 11 reorganization cannot discharge claims against a nondebtor without affected claimants' consent, will open new litigation pathways surrounding corporate insolvency and increase the importance of robust directors and officers insurance, says Evan Bolla at Harris St. Laurent.

  • Atty Well-Being Efforts Ignore Root Causes Of The Problem

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    The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.

  • Parsing Justices' Toss Of Purdue's Controversial Ch. 11 Plan

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    The U.S. Supreme Court's recent nixing of OxyContin manufacturer Purdue Pharma's Chapter 11 proposal prevents the Sackler family from settling thousands of civil opioid lawsuits without the consent of all of the plaintiffs, and holds profound implications for bankruptcy cases, say attorneys at MoloLamken.

  • Del. Bankruptcy Ruling Will Give D&O Insureds Nightmares

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    In Henrich v. XL Specialty Insurance, the Delaware Bankruptcy Court recently found that a never-served qui tam claim had been "brought" before a D&O policy's retroactive date, thereby eliminating coverage, and creating a nightmare scenario for directors and officers policyholders facing whistleblower claims, says David Klein at Pillsbury.