Large Cap

  • April 23, 2025

    Ex-CEO Fires Back At Jackson Walker's Standing Argument

    The former CEO of a defunct barge company is fighting to keep alive his lawsuit blaming the company's downfall on the judicial secret romance scandal that has consumed the Texas bankruptcy courts, claiming Jackson Walker LLP is using its own misdeeds to shield itself from liability.

  • April 23, 2025

    Judge Will Approve Exela's $185M DIP After Lender Deal

    A Texas bankruptcy judge on Wednesday said he would sign off on business automation group Exela Technologies' bid for final approval of $185 million in Chapter 11 financing after the debtor was able to settle a dispute with a lender group over the package.

  • April 22, 2025

    FTX Ch. 11 Trust Says Ex-Exec's Wife Spent $600K Since Dec.

    The FTX Recovery Trust urged a Delaware bankruptcy judge to enjoin the wife of former FTX executive Ryan Salame from spending additional money that the trust said was fraudulently taken from the company before its bankruptcy filing, saying Michelle Bond has spent more than $600,000 since mid-December on legal fees, luxury vacations and credit card bills.

  • April 22, 2025

    Imerys Ch. 11 Plan Trial Starts With Claims Rep Uncertainty

    Several critical legal questions remained open Tuesday in the Chapter 11 cases of talc producer Imerys Talc America and its affiliates as a five-day confirmation trial kicked off, but the Delaware bankruptcy judge presiding over the proceedings said they could begin despite the question marks surrounding the appointment of a future talc claims representative for a foreign co-debtor of Imerys.

  • April 22, 2025

    Catching Up With New Bankruptcy Case Action

    A renewable diesel fuel refiner filed for bankruptcy to avoid creditor-on-creditor litigation and restructure its debts. The maker of specialized nylon products launched Chapter 11 proceedings after facing industry headwinds and operational disruptions. A startup developing therapies for treatment-resistant types of cancer is hoping to swap its debt for equity in bankruptcy.

  • April 22, 2025

    Exela Faces Wednesday Deadline In $185M DIP Funding Fight

    A Texas bankruptcy judge on Tuesday ordered Exela Technologies and its lenders to return to court Wednesday prepared to defend their positions on the debtor's bid for final approval of $185 million in Chapter 11 financing, as a dispute between Exela and a lender group over that money puts the company's reorganization plans at risk.

  • April 22, 2025

    Nylon Maker Ascend Gets OK For $650M In Ch. 11 Financing

    A Texas bankruptcy judge gave nylon maker Ascend Performance Materials interim permission to draw on $650 million in Chapter 11 financing as it set a course to confirm a restructuring plan by the end of summer.

  • April 22, 2025

    Judge Approves Prospect Medical's Pa. Hospitals' Closure 

    A Texas bankruptcy judge on Tuesday approved Prospect Medical Holdings' request to close two Pennsylvania hospitals after the bankrupt operator was unable to secure another entity to run the hospitals despite support from government and community organizations to keep them open.

  • April 21, 2025

    Contrarian Unit's $3.7B Citgo Bid Gets OK Despite Objections

    A Delaware federal judge on Monday approved a Contrarian Capital Management affiliate's floor-setting $3.699 billion bid for Citgo's parent company, adopting the recommendation of a special master despite resistance from other bidders.

  • April 21, 2025

    Tehum's Ch. 11 Plan Offers New Path For Mass Torts

    Long before bankruptcy attorney Eric Goodman was brought into the Chapter 11 case of prison healthcare company Tehum Care Services, he had been developing a new plan structure he thought would resolve many of the issues in so-called Texas two-step divisional merger bankruptcy filings.

  • April 21, 2025

    J&J Alleges Records Purge; Judge Flags Exactech Fee Surge

    A group of asbestos litigation defendants, including Johnson & Johnson, accused 10 asbestos trusts of trying to destroy evidence linked to tens of thousands of potential cases; a judge expressed concerns about Exactech's soaring legal fees; and the Third Circuit vacated a bankruptcy court's ruling to unseal records in Essar Steel's case, citing use of the wrong legal standard. This is the week in bankruptcy. 

  • April 21, 2025

    Nylon Maker Files Ch. 11 In Texas With More Than $1B Debt

    Nylon maker Ascend Performance Materials on Monday filed for Chapter 11 protection in a Texas bankruptcy court, saying it plans to work with its lenders to deleverage its more than $1 billion in debt.

  • April 21, 2025

    Exela Technologies Facing Inter-Lender Ch. 11 DIP Fight

    Business automation group Exela Technologies told a Texas bankruptcy judge Monday that while it resolved unsecured creditor objections to final approval of its $185 million debtor-in-possession loan, it is still facing pushback from a faction of DIP lenders.

  • April 21, 2025

    Justices Won't Hear Mall Of America's Sears Lease Dispute

    The U.S. Supreme Court on Monday declined to hear a case filed by the owner of Minnesota's Mall of America against Sears Holding Corp. over a transfer of a 100-year lease for an anchor store location, leaving in place a lower court's finding that the mall's lease was not a "true" contract.

  • April 18, 2025

    Gamestop CEO Can't Stop Bed Bath & Beyond Trading Suit

    A Manhattan federal judge trimmed a $47 million lawsuit from the bankrupt retailer once known as Bed Bath & Beyond accusing GameStop's CEO of insider trading before the housewares giant went belly-up, but says "ample" public information would have told the businessman he had enough stock to be a corporate insider.

  • April 18, 2025

    Under the Radar: Bankruptcy News You May Have Missed

    A Burger King franchisee went bankrupt after a dispute with the corporation; individuals suing Johnson & Johnson over talc liability tried to revive the pharmaceutical giant's Texas two-step bankruptcy; and supplement company Irwin Naturals lost control of its bankruptcy case.

  • April 18, 2025

    Eletson's New Owners Look To Oust Reed Smith From Cases

    Reorganized Greek oil shipping group Eletson Holdings Inc. has told a New York bankruptcy judge that Reed Smith LLP should stop representing the company and its former owners in litigation and appeals or face sanctions.

  • April 18, 2025

    Skadden Atty Joins Milbank's Financial Restructuring Group

    Milbank LLP has added a longtime Skadden counsel as a partner in its financial restructuring group in the New York office, as part of the firm's ongoing global expansion of its restructuring practice.

  • April 18, 2025

    Zips Car Wash Gets OK For $279M Debt-Swap Ch. 11 Plan

    A Texas bankruptcy judge on Friday approved Zips Car Wash's $279 million debt-swap reorganization, overriding the U.S. Trustee's office's arguments against the plan's claims releases for third parties.

  • April 17, 2025

    K&L Gates Bungled Crypto Co.'s Bankruptcy Claim, Suit Says

    Gryphon Digital Mining has sued its former counsel K&L Gates LLP, claiming it dropped the ball on a bankruptcy filing that cost the company millions of dollars and complicated another legal case, all while allegedly overbilling the crypto mining firm by $1 million for related matters.

  • April 17, 2025

    Meet The Attys Leading Global Clean Energy In Ch. 11

    A group of lawyers from Norton Rose Fulbright and Kirkland & Ellis LLP is representing renewable fuel company Global Clean Energy Holdings Inc.'s Chapter 11, as the company is holding a prearranged restructuring plan supported by most of its secured lenders. 

  • April 17, 2025

    Mitel Networks Gets Ch. 11 Plan Confirmed In Texas

    A Texas bankruptcy judge on Thursday approved telecommunications group Mitel Networks' disclosures regarding its prepackaged Chapter 11 plan and confirmed the company's reorganization proposal, overruling an objection from the U.S. Trustee's Office regarding claims release provisions.

  • April 17, 2025

    Exela Gets OK For $5M Financing While In DIP Talks

    A Texas bankruptcy judge gave Excela Technologies the go-ahead for a $5 million transaction as a stopgap while the payment processing company works to resolve objections to the final order for its proposed $185 million in Chapter 11 financing.

  • April 17, 2025

    Forever 21's Paul Weiss Hire Approved In Ch. 11 Case

    Clothing retailer Forever 21 reached an agreement with the U.S. Trustee late Wednesday that will allow the company to retain law firm Paul Weiss Rifkind Wharton & Garrison LLP as special counsel related to asset sales after the parties agreed to a more limited scope of work for the firm.

  • April 17, 2025

    FTX Can Serve Binance Execs Via Email In $1.76B Suit

    A Delaware bankruptcy judge has allowed the FTX Recovery Trust to serve a $1.76 billion clawback suit against Binance via alternative means, saying the trust may serve the suit on two ex-Binance executives by email or social media.

Expert Analysis

  • AI Will Soon Transform The E-Discovery Industrial Complex

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    Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.

  • When Innovation Overwhelms The Rule Of Law

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    In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.

  • Adventure Photography Makes Me A Better Lawyer

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    Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.

  • How Ch. 11 Can Alleviate Merchant Cash Advance Concerns

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    Merchant cash advance funding is one of the biggest challenges for small businesses today because funders are so prevalent, aggressive and expensive, but bankruptcy can provide several tools for dealing with MCA agreements that may allow the debtor business to restructure and survive, says Patricia Fugée at FisherBroyles.

  • 5 Ways To Create Effective Mock Assignments For Associates

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    In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.

  • 8 Lessons Yellow Corp. Layoffs Can Teach Distressed Cos.

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    A Delaware bankruptcy court’s recent decision, examining trucking company Yellow Corp.’s abrupt termination of roughly 25,500 employees, offers financially distressed businesses a road map for navigating layoffs under the Worker Adjustment and Retraining Notification Act, say attorneys at King & Spalding.

  • Mentorship Resolutions For The New Year

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    Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.

  • Coaching Little League Makes Me A Better Lawyer

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    While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.

  • 5 Litigation Funding Trends To Note In 2025

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    Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.

  • Rethinking Litigation Risk And What It Really Means To Win

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    Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.

  • Lessons From Two New Year's Eve Uptier Exchange Decisions

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    On the last day of 2024, two different courts issued important decisions relating to non-pro rata uptier exchanges — and while they differ, both rulings highlight that transactions effected in reliance on undefined terms in debt agreements come with increased risk, say attorneys at Simpson Thacher.

  • Playing Rugby Makes Me A Better Lawyer

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    My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.

  • No, Litigation Funders Are Not 'Fleeing' The District Of Del.

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    A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.

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