Mid Cap
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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.
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April 18, 2025
Heritage Coal Challenges Ex-Owner's Liens In Ch. 11 Offshoot
Bankrupt coal producer Heritage Coal & Natural Resources LLC has asked a Delaware bankruptcy judge to reject the asserted liens of the company's former owner and general manager, saying the debtor's equipment is already subject to liens of prepetition lenders.
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April 18, 2025
Biotech Execs Seek Ch. 15 Pause Pending Trustee Removal
Executives with BIA Separations, the U.S. subsidiary of an Austrian biotechnology company, have asked a Delaware bankruptcy judge to delay granting the foreign company Chapter 15 recognition until efforts to remove the trustee who started the U.S. bankruptcy can be decided.
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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.
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April 17, 2025
Fracking Co. Nitro Can Sell Assets For $10M In Ch. 11
A Texas bankruptcy court on Thursday granted fracking services provider Nitro Fluids' motion to sell some of its assets to a stalking horse bidder for almost $10 million.
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April 17, 2025
'Matrix' Producer Lands New, $52.5M Higher Stalking Horse
Movie production and finance company Village Roadshow Entertainment Group asked a Delaware bankruptcy judge to approve a new stalking horse in its Chapter 11, saying the $417.5 million bid for its library tops an earlier offer.
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April 17, 2025
Debt Firm's Successor, Ch. 11 Trustee End Latest Pay Dispute
A law firm that bought thousands of client files left over from the collapse of bankrupt California-based debt relief business Litigation Practice Group PC has agreed to pay nearly $1 million to the bankruptcy estate to help settle a payment dispute that began months ago.
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April 17, 2025
Coach USA Insurer Seeks Coverage Clarification In Ch. 7 Case
An insurer for bus operator Coach USA Inc. asked a Delaware bankruptcy court to find that it does not owe commercial auto liability coverage for certain claims arising out of Coach's operations that are insured by its captive insurer.
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April 17, 2025
Data Breach, Market Challenges Led 23andMe To Ch. 11
Facing macroeconomic headwinds, including rising inflation and expenses associated with a major data breach in October 2023, genetic testing company 23andMe launched a Chapter 11 case last month in Missouri bankruptcy court, disclosing $214 million in debt and its intention to sell the business.
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April 17, 2025
Dorsey & Whitney Adds DOJ Bankruptcy Ace In Del., NY
Dorsey & Whitney LLP has fortified its bankruptcy and financial restructuring group in Delaware and New York with an attorney who came aboard from the U.S. Department of Justice.
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April 16, 2025
3rd Circ. Punts Mining Co. Document Fight To Ch. 11 Judge
The Third Circuit vacated a Delaware bankruptcy judge's order to unseal records a successor of Essar Steel's U.S. unit is seeking to bolster its antitrust claims against Cleveland-Cliffs, ruling Wednesday that the Chapter 11 judge used the wrong standard.
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April 16, 2025
Cutera's Ch. 11 Approved With Opt-Out Releases Intact
The Chapter 11 plan of skin care technology company Cutera Inc. received approval Wednesday from a Texas bankruptcy court, with an opt-out mechanism for third-party releases intact over the objection of the U.S. Trustee's Office.
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April 16, 2025
Limits On Conn. Biz Law Stay In Effect In Sandy Hook Case
A Connecticut appeals court's $150 million paring of a $1.44 billion judgment against Infowars host Alex Jones for defaming the Sandy Hook Elementary School shooting victims' families was a shift away from a broader view of the state's most popular business litigation statute, several experts told Law360.
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April 16, 2025
Fla. Realty Co. Sued Over Home Liens Told To Pay Ch. 11 Bills
A Florida bankruptcy judge on Wednesday said he would approve judgments ordering a realty company sued over predatory listing contracts that effectively acted as liens on homes to pay more than $800,000 in Chapter 11 fees, including to attorneys representing homeowners allegedly duped into signing the agreements.
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April 16, 2025
Jackson Walker Hits Back At Bankruptcy Court Standing Brief
Jackson Walker LLP told a federal judge that the CEO of a now-bankrupt barge company is improperly trying to relitigate the issue of standing in bankruptcy court with his suit over a former judge's secret romance with a firm partner.
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April 16, 2025
Texas Judge Romance Fees Trial Nixed After Disputes Moved
A Texas federal bankruptcy judge on Wednesday canceled an upcoming trial after a federal district court agreed to preside over a suit brought by the U.S. Trustee's Office in an effort to make Jackson Walker LLP forfeit fees from more than 30 cases overseen by a former bankruptcy judge who was romantically involved with a onetime partner at the firm.
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April 16, 2025
Meet The Attys Leading Publishers Clearing House In Ch. 11
Bankrupt sweepstakes company Publishers Clearing House has called upon attorneys from Klestadt Winters Jureller Southard & Stevens LLP to guide its Chapter 11 while it seeks to sell assets and concentrate its future on digital advertising.
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April 15, 2025
2nd Circ. Nixes Insurer's Arbitration Bid in Constellation Suit
The Second Circuit on Tuesday affirmed that Allied World National Assurance Co. can't force a dispute over coverage for negligence claims asserted against directors and officers of medical accounting conglomerate Constellation Healthcare Technologies Inc. into arbitration.
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April 15, 2025
Fintech Creativemass Seeks Quick Liquidation In Ch. 11
A Delaware bankruptcy judge on Tuesday approved a number of first-day motions in the Chapter 11 case of Creativemass, a wealth management app developer that is pursuing a prepackaged liquidation plan through which it would repay creditors in full and wind down.
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April 15, 2025
Chinese Real Estate Developer Hit With Involuntary Ch. 11
Three creditors of Chinese real estate developer Xinyuan Real Estate Co. Ltd. filed an involuntary bankruptcy petition against the company late Monday, saying it is in default on $170 million in note debt.
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April 15, 2025
9th Circ. Backs $272M Verdict For Monster In Bang Ad Case
The Ninth Circuit on Tuesday affirmed a $272 million verdict for Monster Energy Co. in a false advertising case against defunct Vital Pharmaceuticals Inc. and its former CEO, rejecting a series of challenges to rulings that narrowed the evidence at trial.
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April 15, 2025
Ore. Distillery Wants To Sell 6,800 Barrels Of Whiskey In Ch. 11
Bankrupt liquor producer House Spirits Distillery has proposed procedures to sell off its inventory of 6,800 barrels of whiskey in Chapter 11, saying it wants the freedom to complete small-scale sales at will to help it remain liquid during its Chapter 11 case.
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April 15, 2025
Telecom Infrastructure Biz Hits Ch. 11 With Up To $50M Debt
Excell Communications Inc., a telecommunications infrastructure developer, and two affiliates filed for bankruptcy in New York with $45.5 million in unsecured debt after losing a key business relationship.
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April 15, 2025
Mounting Fees In Exactech Ch. 11 Worries Judge
Exactech Inc. Tuesday told a Delaware bankruptcy judge that the implant maker has secured enough funding to keep its Chapter 11 case going until its scheduled confirmation hearing at the end of May, while the judge said she was concerned about mounting attorneys fees.
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April 15, 2025
Catching Up With New Bankruptcy Case Action
Publishers Clearing House entered Chapter 11 in New York as it looks to sell assets and focus on its digital business; a paper towel company that stocks Trader Joe's and other grocery store chains entered Chapter 11 in Delaware with a $126 million bid to buy its company as a sale floor; and a Brazilian sugar producer asked a New York bankruptcy court to recognize a foreign insolvency.
Expert Analysis
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How Ch. 11 Can Alleviate Merchant Cash Advance Concerns
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.
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5 Ways To Create Effective Mock Assignments For Associates
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.
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8 Lessons Yellow Corp. Layoffs Can Teach Distressed Cos.
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.
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Mentorship Resolutions For The New Year
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.
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Coaching Little League Makes Me A Better Lawyer
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.
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5 Litigation Funding Trends To Note In 2025
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.
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Rethinking Litigation Risk And What It Really Means To Win
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.
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Playing Rugby Makes Me A Better Lawyer
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.
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No, Litigation Funders Are Not 'Fleeing' The District Of Del.
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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5 E-Discovery Predictions For 2025 And Beyond
In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.
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7 Ways 2nd Trump Administration May Affect Partner Hiring
President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.
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E-Discovery Quarterly: Rulings On Custodian Selection
Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.
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Exercising On My Peloton Bike Makes Me A Better Lawyer
While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.