Mid Cap
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April 28, 2025
'Shake & Bake': 4th Circ. Cites Ricky Bobby In NASCAR Ruling
The Fourth Circuit on Monday called back to the satirical cult classic "Talladega Nights: The Ballad of Ricky Bobby" in finding the former owners of a NASCAR team must cover the cost of a settlement involving a bank lien on their charter after they sold it to new owners.
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April 28, 2025
Nikola Seeks Court OK For $9M Climate-Credit Sale Process
Electric truck maker Nikola Corp. has asked a Delaware bankruptcy judge to approve a sale process for environmental credits the company earned by selling zero-emission vehicles, saying it has secured an $8.97 million bid that will set a floor price for the assets.
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April 28, 2025
Gibson Dunn Bankruptcy Pro Joins Cleary In NY
A former Gibson Dunn & Crutcher LLP attorney known for his work on high-profile restructurings has joined Cleary Gottlieb Steen & Hamilton LLP's New York office as a partner, the firm announced Monday.
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April 28, 2025
Scanrock Files Plan To Pay Debt With Property Sales
Hydrocarbon driller Scanrock Oil & Gas on Monday filed its Chapter 11 plan with a Texas bankruptcy court, saying it plans to pay off its secured lenders with the sale of its Oregon ranch and other creditors with other real estate sales and exit financing.
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April 28, 2025
Meet The Attys Helping Excell Communications During Ch. 11
Excell Communications Inc., a telecommunications infrastructure developer, has tapped lawyers from Uniondale, New York-based firm Ruskin Moscou Faltischek PC to aid its journey through Chapter 11 as the company seeks to focus on project management after it lost a key business relationship.
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April 28, 2025
Union Tells 3rd Circ. Healthcare Fight Belongs In Arbitration
A Pennsylvania federal judge properly concluded that a healthcare dispute between a power plant operator and an International Brotherhood of Electrical Workers local was arbitrable, the union said, asking the Third Circuit to uphold the judge's decision to send the fight to arbitration.
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April 25, 2025
Real Estate Recap: Q1 Hospo Deals, Data Center Speculation
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including the law firms that guided the largest global hospitality mergers and acquisitions of the first quarter, and how local utilities are attempting to weed out data center speculators.
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April 25, 2025
CFPB Abandons $2.25M Student Loan Trust Deal, Drops Case
The Consumer Financial Protection Bureau on Friday voluntarily dismissed its long-running debt collection practices suit against the National Collegiate Student Loan Trusts, abandoning a $2.25 million proposed settlement that had been held up by objectors.
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April 25, 2025
Celsius Seeks Sanctions Against Crypto Miner In Ch. 11
The plan administrator for defunct cryptocurrency platform Celsius Network has asked a Delaware bankruptcy judge to impose more than $352,000 of sanctions on a crypto mining company, alleging it is opposing an involuntary Chapter 11 petition Celsius filed against it while also trying to use the bankruptcy stay to stymie arbitration proceedings against a subsidiary.
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April 25, 2025
Under The Radar: Bankruptcy News You May Have Missed
Tupperware looked for permission to end healthcare reimbursements for roughly 230 employees; Heritage Coal's owners asked a Delaware bankruptcy judge to allow the company to complete a permit transfer as part of a pre-Chapter 11 sale; and Film Finance Inc., behind productions including "Everything Everywhere All At Once," sought to have its Chapter 11 case dismissed. Here are some of the bankruptcy stories you may have missed last week.
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April 25, 2025
Ch. 15 Rulings Boost Possibility Of Purdue Workarounds
Two recent bankruptcy court decisions that approved nonconsensual third-party releases have spotlighted a growing divide between the relief available to debtors in foreign restructurings and Chapter 11, signaling that struggling companies may attempt to use Chapter 15 to evade the U.S. Supreme Court's Purdue Pharma ruling.
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April 25, 2025
US Trustee Says Benson Hill Can't Seal Exec Bonus Info
The U.S. Trustee's Office on Friday asked a Delaware bankruptcy judge to reject bankrupt soybean company Benson Hill's request to seal the names of executives it wants to pay bonuses to, along with the amounts it wants to pay.
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April 25, 2025
Packable Creditors Say Deal Sets Aside $17M Recovery
The official committee of unsecured creditors in e-commerce firm Packable Holdings' Chapter 11 has asked the Delaware bankruptcy court to approve its settlement with the debtor's founders and insurers to resolve breach of fiduciary duty claims, allowing the unsecured creditors to recover more than $17 million in cash.
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April 25, 2025
NJ Atty Sues Former Partner Over Diverted Fee Awards
A New Jersey attorney sued his onetime debt collection defense law partner in Union County Superior Court this past week alleging that the former partner kept fee awards owed to the firm for himself as the partnership collapsed and the firm faced financial troubles.
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April 25, 2025
The Supreme Court's Week: By The Numbers
The justices heard arguments in five cases this week, including one over instruction on sexuality in public schools and another over the Affordable Care Act's requirement that insurers provide free preventive care, while issuing one decision that self-deportation windows for unauthorized migrants don't expire on weekends. Here, Law360 Pulse takes a data-driven dive into the week that was at the U.S. Supreme Court.
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April 25, 2025
ENGlobal Cleared To Sell Itself In Ch. 11
A Texas bankruptcy judge Friday said he would sign off on the sale of construction and engineering group ENGlobal Corp. to its debtor-in-possession lender upon the uploading of a new order resolving an objection by the federal government.
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April 25, 2025
Bertucci's Says Uncertain Economy Sparked Latest Ch. 11
Italian food chain Bertucci's filed for bankruptcy protection for the third time since 2018, telling a Florida bankruptcy court it is over $32 million in debt and dealing with industry headwinds and the "unanticipated deterioration" of the U.S. economy.
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April 24, 2025
3rd Circ. Revives Sanctions For Undisclosed Bankruptcy Fees
Citing a "legal question of significant public importance," a Third Circuit Court of Appeals panel on Thursday reversed a district court's reversal of a bankruptcy judge's sanctioning of Spector Gadon Rosen & Vinci PC for pursuing additional fees initially undisclosed to the court from a bankrupt couple after agreeing to a flat amount.
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April 24, 2025
Bar Louie Gets Final OK For $2.5M DIP In Ch. 11
A Delaware bankruptcy judge on Thursday gave final approval to Texas-based gastropub chain Bar Louie to access $2.48 million of debtor-in-possession financing facility from its prepetition lender.
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April 24, 2025
Labor Woes, Fire, Debt Concerns Led Royal Interco To Ch. 11
Operational setbacks due to labor shortages, a fire at its distribution center last year and reduced supplier credit stemming from concerns about upcoming debt maturity all contributed to Arizona-based paper towel producer Royal Interco LLC's filing for Chapter 11.
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April 24, 2025
NY Youth Welfare Org Can Sell 22-Acre Property For $9M
St. Christopher's, a youth mental-health care provider based in New York, received a bankruptcy judge's approval Thursday to close a $9 million sale of its roughly 22-acre property in Orange County, New York.
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April 24, 2025
Texas Memory Care Homes Hit Ch. 11 With $10M+ Debt
A pair of Texas memory care facilities, affiliated with another facility that filed a disputed bankruptcy in December, are seeking Chapter 11 protection in Texas and claiming more than $10 million in liabilities.
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April 24, 2025
Pennsylvania Coal Co. Reaches Cleanup Deal In Ch. 11 Case
Bankrupt coal-mining company Corsa Coal Corp. told a Pennsylvania judge that it had reached a deal with state regulators that resolves a dispute over water source cleanup obligations, with the debtor agreeing to pay $800,000 to be distributed to contaminated water source users.
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April 24, 2025
Publishers Clearing House Gets 3-Member Ch. 11 Committee
The Office of the U.S. Trustee appointed three members to the official committee of unsecured creditors in the Chapter 11 case of sweepstakes business Publishers Clearing House.
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April 24, 2025
Fox Rothschild Welcomes 29 New Partners
Fox Rothschild LLP has elevated 29 attorneys in 19 cities and 11 practice groups to partner, and promoted four associates to counsel, the firm announced.
Expert Analysis
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Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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A Judge's Pointers For Adding Spice To Dry Legal Writing
U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.
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Lessons Learned From SAS' Flight Through Chapter 11
Scandinavia's SAS is the first European airline to find its wings through the U.S. Chapter 11 process since COVID-19 rocked the aviation industry — and while the process involved some familiar steps, certain complex jurisdictional issues and non-U.S. stakeholders required the carrier to venture into uncharted airspace, says Emily Hong at Norton Rose.
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Bankruptcy Ruling Provides Guidance On 363 Asset Sales
HE v. Avadim Holdings, a recent ruling from the District of Delaware, underscores the principle that rejection of executory contracts does not unwind completed transfers of property and the importance of clear and precise language in sale orders and asset purchase agreements in bankruptcy cases, say attorneys at Eversheds Sutherland.
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from Practical Guidance
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.
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Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.
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Terraform Case May Be Bellwether For Crypto Enforcement
The prosecution of crypto company Terraform Labs and its CEO, Do Kwon, offers a unique test of the line between lawful and unlawful conduct in digital transactions, and the Trump administration’s posture toward the case will provide clues about its cryptocurrency enforcement agenda in the years to come, say attorneys at Brooks Pierce.
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How Law Firms Can Counteract The Loneliness Epidemic
The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.
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5 Keys To Building Stronger Attorney-Client Relationships
Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.
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How Courts Can Filter Nonmeritorious Claims In Mass Torts
Nonmeritorious claims have been a key obstacle to settlement in many recent high-profile mass torts, but courts may be able to use tools they already have to solve this problem, says Samir Parikh at Wake Forest University.
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Racing Corvettes Makes Me A Better Lawyer
The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.
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Attorneys Must Act Now To Protect Judicial Independence
Given the Trump administration's recent moves threatening the independence of the judiciary, including efforts to impeach judges who ruled against executive actions, lawyers must protect the rule of law and resist attempts to dilute the judicial branch’s authority, says attorney Bhavleen Sabharwal.