Mid Cap
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June 23, 2025
Heritage Coal Nears Court Approval Of $21M Ch. 11 Sales
A Delaware bankruptcy judge said Monday she will grant insolvent mining operation Heritage Coal permission ahead of a follow-up hearing to sell its assets to bidders collectively offering more than $21 million if the debtor can submit final versions of its proposed sale documents beforehand.
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June 23, 2025
Bankruptcies Sweep Home Solar Industry, But Not Like Before
A confluence of elevated interest rates, state energy policies and the possible end of federal tax incentives have combined over the last year to take the air out of what had been a rapidly inflating residential solar power industry.
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June 23, 2025
EV Co. Unit PTGi Wants Damages For Creditor's Failed Ch. 7
A subsidiary of electric vehicle company Charge Enterprises has urged a Delaware bankruptcy judge to award compensatory and punitive damages of at least $3.5 million for the harm it suffered from an involuntary Chapter 7 filing launched by a creditor found to be acting in bad faith.
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June 23, 2025
23andMe Sale Nears Ruling, Tariff Policies Drive Bankruptcy
A Missouri bankruptcy judge said he will soon rule on the proposed $305 million sale of 23andMe to a nonprofit led by its co-founder. Meanwhile, shifting tariff policies under President Donald Trump have been blamed for recent bankruptcies, and experts at a conference in New York discussed the future of Chapter 11 and how a second Trump term could shape bankruptcy law.
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June 23, 2025
Delaware Firm Richards Layton Names New Leadership Team
Delaware firm Richards Layton & Finger PA announced Monday that bankruptcy attorney Paul N. Heath has been elected to serve as its next president starting July 1 and will be joined on the firm's leadership team by two other firm directors, Jeffrey L. Moyer and Matthew S. Criscimagna.
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June 23, 2025
Oak and Fort Gets US Provisional Protection In Ch. 15 Case
A New York bankruptcy judge on Monday granted Canadian clothing retailer Oak and Fort Corp. provisional protections in its Chapter 15 case while the debtor awaits recognition of its foreign insolvency as the primary proceeding.
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June 23, 2025
Chili's Says Worker's Bankruptcy Omission Dooms Wage Suit
A former Chili's employee should have his wage and hour action against the chain's parent company tossed because the case wasn't listed among his assets in bankruptcy court, the company argued, saying he knew he was supposed to divulge this information and still failed to do so.
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June 20, 2025
23andMe Judge Aims For Quick Decision On Sale To Founder
After a second all-day hearing, a Missouri bankruptcy judge said he would decide as quickly as he can on the proposed $305 million sale of genetic testing company 23andMe to a nonprofit led by co-founder Anne Wojcicki.
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June 20, 2025
Real Estate Recap: Senior Living, Data Centers, CEQA
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including attorney insights into a senior housing surge, data center construction, and the Golden State's latest efforts to spur housing construction without upsetting the California Environmental Quality Act.
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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.
Expert Analysis
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Addressing D&O Allocation Questions Amid Shifting Economy
As increasing global insolvency this year may lead to an increase in directors and officers insurance claims, businesses should review their policies' allocation provisions to avoid negotiating how coverage will apply to covered and uncovered claims during a suit, say attorneys at Reed Smith.
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Legal Ethics Considerations For Law Firm Pro Bono Deals
If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.
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Cannabis Deregulation Raises Bankruptcy Access Questions
Attorneys at Thompson Coburn explore why cannabis companies have been historically prohibited from filing for bankruptcy, certain exceptions to the general rule, and the potential effects of federal deregulation on such companies' bankruptcy eligibility.
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Playing Football Made Me A Better Lawyer
While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.
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10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks
The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.
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Ch. 11 Free-And-Clear Sale Ruling Takes Pragmatic Approach
A recent ruling from a New York bankruptcy court in which the debtors were allowed to sell interests free and clear regardless of a lienholder's objection signals a practical approach and a recalibration of the balance between debtor flexibility and creditor protections, say attorneys at Eversheds Sutherland.
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Power To The Paralegals: The Value Of Unified State Licensing
Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.
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Administrative Disaster At Bankruptcy Courts May Be In Sight
If, as a result of voluntary resignations or terminations, the professional staff of the U.S. Trustee's Office is depleted, it will undoubtedly cause a slowdown in the administrative process for the significant majority of bankruptcy cases, says Charles Tatelbaum at Tripp Scott.
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An Unrestrained, Bright-Eyed View Of Legal AI's Future
Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.
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Tracking The Evolution In Litigation Finance
Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.
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Law School's Missed Lessons: Preparing For Corporate Work
Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.
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A Cold War-Era History Lesson On Due Process
The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.
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Improv Makes Me A Better Lawyer
Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.