Large Cap
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April 08, 2025
Judge Weighs In On Pension Claim Tiff In Yellow Corp. Ch. 11
A Delaware bankruptcy judge has offered his views on how state, federal and bankruptcy laws impact billions of dollars in disputed claims as defunct trucking company Yellow Corp. looks to confirm a Chapter 11 plan and a settlement with pension funds.
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April 08, 2025
True Value Gets OK For Post-Sale Ch. 11 Plan
A Delaware bankruptcy judge said she would approve hardware store supplier True Value Co.'s Chapter 11 plan, which will distribute the proceeds of its $153 million sale to stalking horse bidder Do It Best.
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April 08, 2025
More Cos. Tap Debt Deals To Delay Costly Ch. 11s, Fitch Says
Businesses in financial distress are increasingly pursuing out-of-court debt deals to defer bankruptcy filings and give themselves a chance to improve their fortunes, as surging Chapter 11 costs make in-court restructuring unpalatable to lenders, according to a new report by Fitch Ratings.
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April 08, 2025
Ex-Judge Subpoenaed In Probe Of Secret Romance With Atty
The U.S. Trustee has given notice of a subpoena it filed for the trial testimony of former federal bankruptcy judge David Jones, after Jones said he hoped to avoid "live trial testimony" in the agency's pursuit of fees paid to Jackson Walker LLP amid the judge's undisclosed relationship with a firm attorney.
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April 08, 2025
Greenberg Glusker Adds Bankruptcy Ace From Shuttered Firm
Greenberg Glusker LLP announced that an experienced attorney who most recently spent over two decades at recently closed Danning Gill Israel & Krasnoff LLP has joined the firm's bankruptcy practice as a Los Angeles-based partner.
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April 08, 2025
Clifford Chance Lands Gibson Dunn Restructuring Co-Chair
Clifford Chance LLP announced Tuesday that it has hired the former co-chair of Gibson Dunn & Crutcher LLP's corporate restructuring practice to co-lead its global restructuring and insolvency practice.
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April 07, 2025
Judge May Delay Franchise Group Ch. 11 Plan Hearing
A Delaware bankruptcy judge said Monday that retail chain owner Franchise Group could retain exclusive control over its efforts to restructure, but she was considering pushing back the hearing on its proposed plan to give opponents more time to gather information.
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April 07, 2025
Judge Agrees To Give Brazilian Builder OEC Ch. 15 Nod
A New York bankruptcy judge said Monday he will grant a Brazilian construction company known as OEC recognition of insolvency proceedings the firm launched in its home country once the debtor revises the language in its proposed order.
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April 07, 2025
End Of J&J Talc Unit's Ch. 11 Shows 'Texas Two-Step' Risks
The recent dismissal of Johnson & Johnson's third try to spin off its talc liability into a new entity with a "Texas two-step" shows that it remains a risky dance, particularly with the third-party claims releases at the heart of the strategy under increased scrutiny in a post-Purdue world.
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April 07, 2025
J&J Ch. 11 Case Tossed, New Tariffs May Boost Bankruptcies
A Texas bankruptcy judge dismissed Johnson & Johnson's third attempt to settle cancer claims through Chapter 11, tossing Red River Talc's bankruptcy case and a $9 billion deal. Law360 has learned that dozens of employees of the U.S. Trustee Program have accepted buyouts. And experts say new tariffs under President Donald Trump may drive even more insolvencies as economic pressures mount. This is the week in bankruptcy.
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April 07, 2025
Girardi Hearing On Prison Option Pushed To May
A hearing to discuss whether disbarred attorney Tom Girardi should serve any sentence in prison or be committed to a care facility due to his dementia diagnosis was pushed back to May to accommodate scheduling for witnesses.
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April 07, 2025
SEC Drops Suit Against Silver Point Over Atty Info Access
The U.S. Securities and Exchange Commission has dropped a Connecticut federal lawsuit alleging Silver Point Capital LP failed to establish policies to safeguard material nonpublic information, particularly from a former BigLaw attorney who acted as outside counsel, according to federal court records.
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April 07, 2025
Brown Rudnick Inks $8M Deal With Guo Ch. 11 Trustee
Brown Rudnick LLP has agreed to pay nearly $8 million in a deal with the trustee overseeing Chinese exile Miles Guo's Chapter 11 case in Connecticut to settle potential claims tied to the law firm's onetime work for the convicted fraudster.
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April 07, 2025
GOL Linhas Gets OK For Amended Boeing Plane Deal
Bankrupt Brazilian airline GOL Linhas on Monday got permission from a New York bankruptcy judge to amend the terms of its contract to buy 92 aircraft from Boeing over the next five years.
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April 07, 2025
Spirit Airlines CEO Departs After Ch. 11 Exit
The CEO of budget air carrier Spirit Airlines LLC has resigned following the company's completion of its bankruptcy, the company announced Monday.
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April 04, 2025
Defamation Litigation Roundup: Jay-Z, Blake Lively, Drake
In this month's review of ongoing defamation fights, Law360 looks back on an escalation in Jay-Z's case against personal injury lawyer Tony Buzbee, who he accuses of pursuing a "false" and "malicious" rape suit, as well as on the war of words between actors Justin Baldoni and Blake Lively.
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April 04, 2025
Already Lean US Trustee Program Sees 58 Take Buyouts
Dozens of employees of the United States Trustee Program have taken buyouts offered by the federal government, Law360 has learned, leaving the office at a time when experts say it is already running a lean operation and risking its ability to efficiently execute on its mission if future cuts are made.
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April 04, 2025
Under The Radar: Bankruptcy News You May Have Missed
A bankruptcy judge approved the retention of a repossession agent that the trustee for Chinese exile Miles Guo used to recover a small private jet from his son, a federal court stood by a ruling that refused to let Sorrento Therapeutics shareholders probe a matter related to a former judge's romantic relationship, and shoe designer Zigi USA filed its Chapter 11 plan. These are some of the bankruptcy stories you may have missed in the last week.
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April 04, 2025
Brazilian Builder OEC Rebuffs US Trustee In Ch. 15 Relief Row
Brazilian construction company Odebrecht Engenharia e Construcao SA, or OEC, has urged a New York bankruptcy judge to grant its bid for Chapter 15 recognition and overrule an objection by the U.S. Department of Justice's bankruptcy watchdog, which argues OEC's restructuring plan contains unlawful liability releases and other measures.
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April 04, 2025
Guo Trustee Properly Obtained Yacht And $37M, 2nd Circ. Told
The Second Circuit should affirm rulings that drew a $37 million escrow fund and a $23 million yacht into Chinese exile Miles Guo's Connecticut bankruptcy estate, his Chapter 11 trustee has argued, asking the appellate court to uphold multiple prior rulings in his favor.
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April 04, 2025
The Supreme Court's Week: By The Numbers
The U.S. Supreme Court heard arguments in four cases this week, including over tax exemptions for religious charities and the ability of the families of terror attack victims to sue the Palestine Liberation Organization, while issuing two decisions, including one that personal injury claims can be brought under the federal racketeering statute. Here, Law360 Pulse takes a data-driven dive into the week that was at the U.S. Supreme Court.
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April 03, 2025
Ex-SunEdison Exec Gets 'Historic' $34.5M Deal In SOX Case
A former SunEdison Inc. executive scored a record-breaking $34.5 million settlement with SunEdison-sponsored yieldcos he once ran following a nearly decadelong legal battle and a finding that he was fired as retaliation in violation of the Sarbanes-Oxley Act for highlighting potential securities laws violations, his Hinckley Allen attorneys announced Thursday.
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April 03, 2025
Trade War Likely To Swell Already Rising Insolvency Forecast
Sticky inflation and elevated interest rates were already expected to drive more businesses into bankruptcy this year, but even more could become insolvent if the United States' new tariff regime sparks an all-out global trade war, experts told Law360.
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April 03, 2025
US Trustee Wants Jackson Walker Cases In District Court
The U.S. Trustee's Office has renewed its call for a district court trial over whether Jackson Walker LLP should return millions in fees for failing to disclose an ex-partner's romance with a bankruptcy judge, saying all the questions in the case should be tried in one venue.
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April 03, 2025
Franchise Group, Lenders Clash Over Control Of Ch. 11 Case
A Delaware bankruptcy judge said Thursday she would soon decide whether retail-chain owner Franchise Group Inc. can keep exclusive control over its efforts to confirm a reorganization deal, as a group of lenders that considers the debtor's Chapter 11 plan "unconfirmable" works to intervene in the process.
Expert Analysis
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Crypto Has Democratized Trading In Bankruptcy Claims
Following the pandemic, there has been a wave of cryptocurrency bankruptcies and a related increase in access to information, allowing nontraditional bankruptcy investors to purchase claims and democratizing a once closed segment of alternative investing, says Joseph Sarachek at Strategic Liquidity.
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The Case For Post-Bar Clerk Training Programs At Law Firms
In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.
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5 Key Tips For Attorneys In The Subchapter V Arena
Subchapter V cases present unique challenges for the nondebtor parties-in-interest, and habits developed by attorneys in typical Chapter 11 cases do not necessarily translate, meaning creditors and their counsel should quickly take a proactive role in their cases to protect their interests, which can be done by attending the 341 meeting, analyzing the plan, and more, says Kelly Singer at Squire Patton.
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Attorneys Have An Ethical Duty To Protect The Judiciary
The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.
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Why The Debt Maturity Wall Is Still A Figment, For Now
While the phenomenon of the debt maturity wall — a growing wall of staggered corporate debt maturities — has been considered a looming problem since the aftermath of the 2008 global financial crisis, it’s unlikely to have significant consequences before 2025 due to factors such as quantitative easing and evolved lending practices, says Michael Eisenband at FTI Consulting.
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AI Can Help Lawyers Overcome The Programming Barrier
Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.
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10 Essential Bankruptcy Litigation Tips For In-House Counsel
Bankruptcy litigation is a complex and multifaceted area of law that poses unique challenges for in-house counsel, and there are several tools at legal professionals' disposal, like appraisals and understanding jurisdictions, to stay well-informed and protect their companies' interests, says Alison Ashmore at Dykema.
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Preparing Law Students For A New, AI-Assisted Legal World
As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.
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Sellers Seeking Best Deal Should Focus On Terms And Price
Rising interest rates and a decline in the automotive mergers and acquisitions market mean that a failed deal carries greater stakes, and sellers therefore should pursue not only the optimum price but also the optimum terms to safeguard their agreement, says Joseph Aboyoun at Fox Rothschild.
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General Counsel Need Data Literacy To Keep Up With AI
With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.
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Rite Aid's Reasons For Ch. 11 Go Beyond Opioid Suits
Despite opioid-related lawsuits being the perceived reason that pushed Rite Aid into bankruptcy, the company's recent Chapter 11 filing reveals its tenuous position in the pharmaceutical retail market, and only time will tell whether bankruptcy will right-size the company, says Daniel Gielchinsky at DGIM Law.
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Navigating Discovery Of Generative AI Information
As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.
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Finding Focus: Strategies For Attorneys With ADHD
Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.