Large Cap
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April 14, 2025
Debt Deals On The Rise, Purdue Can Begin Claims Processing
A Texas district court, not a bankruptcy court, will oversee the U.S. trustee's efforts to claw back millions in legal fees paid to Jackson Walker over an undisclosed relationship between an attorney and bankruptcy judge; out-of-court debt deals eclipsed Chapter 11s by a 4-to-1 ratio last year; and drug manufacturer Purdue Pharma can begin processing claims ahead of a Chapter 11 confirmation hearing. This is the week in bankruptcy.
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April 14, 2025
UK Co. Says Ex-Sikorsky Atty Gave 'Inconsistent' Testimony
A British company locked in a $64 million contract feud with Lockheed Martin subsidiary Sikorsky Aircraft accused its former in-house counsel of giving testimony "blatantly inconsistent" with other evidence at a Connecticut trial, requesting the alleged transgressions be discussed after a Texas bankruptcy judge slammed the lawyer for providing "false statements" in a separate matter.
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April 14, 2025
Nashville Objects To Wellpath's Ch. 11 Plan Over Releases
The government of Nashville, Tennessee, has asked a Texas bankruptcy judge to reject confirmation of prison healthcare company Wellpath's Chapter 11 plan, arguing it improperly includes releases and exculpations for parties who are not part of the bankruptcy case.
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April 11, 2025
Outdated Brand Could Hinder Hooters' Ch. 11 Recovery
Hooters has built its brand on buxom women wearing orange micro shorts while serving hot wings and frosty mugs of beer, but experts said the racy concept that made it a household name is outdated and could stymie the company's recovery as it seeks to emerge from Chapter 11.
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April 11, 2025
Under The Radar: Bankruptcy News You May Have Missed
The Texas Attorney General asked for a consumer privacy ombudsman in 23andMe's Ch. 11 case; The Chapter 11 trustee handling Chinese exile Miles Guo's estate balked at an appeal against a decision advancing dozens of clawback proceedings; and a Delaware bankruptcy judge dismissed the Chapter 7 case of electronics recycler Camston Wrather at the request of the estate trustee.
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April 11, 2025
Forever 21 Can't Tap Cash Collateral In Ch. 11, Creditors Say
The unsecured creditors committee in fast-fashion chain Forever 21's Chapter 11 has challenged the debtor's motion to use cash collateral, telling the Delaware bankruptcy court that the funding bid is part of a plan that would prejudice the group and leave the creditors with insufficient recoveries.
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April 11, 2025
US Trustee Calls Mitel Networks Ch. 11 Plan Unconfirmable
Software group Mitel Networks' prepackaged Chapter 11 plan trimming $1.1 billion of debt has nonconsensual third party releases and can't be confirmed, the Office of the U.S. Trustee told a Texas bankruptcy judge.
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April 11, 2025
Alex Jones' Sandy Hook Atty Lands 7-Day Suspension Credit
Alex Jones' former lead Connecticut attorney will be suspended for only one additional week because of a prior sit-out in 2023, a state court judge has clarified, saying she hadn't considered that Norm Pattis was previously benched while he appealed his discipline for his role in transferring Sandy Hook families' confidential records to another Jones attorney.
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April 11, 2025
Ex-Girardi CFO Gets 10 Years For 'Devastating' Fraud
A California federal judge sentenced Girardi Keese's former chief financial officer to just over 10 years in prison Friday for aiding firm leader Tom Girardi's $15 million client theft scheme while also embezzling $6 million for himself, saying the two interrelated schemes "had devastating and far-reaching effects."
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April 10, 2025
Judge Isgur To Mediate Sorrento Ch. 11 Dispute
One of the most prominent bankruptcy judges in the United States is mediating a dispute between the liquidating trustee for biopharmaceutical company Sorrento Therapeutics Inc. and a unit of B. Riley Financial as the parties try to reach a settlement to avoid litigation.
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April 10, 2025
Prospect Medical Hospitals Get One More Reprieve In Ch. 11
Hospital operator Prospect Medical has scored $6 million in financing to temporarily stave off the closure of three Pennsylvania hospitals, the debtor's counsel told a Texas bankruptcy judge Thursday.
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April 10, 2025
Amyris Ch. 11 Trust Sues Ex-CEO Over $200M Skin Care Deal
A creditor trust created under Amyris' Chapter 11 plan has sued the biotechnology company's former CEO in Delaware bankruptcy court, accusing him of abandoning his fiduciary duties by entering into a product licensing deal that locked in low prices for its cosmetics ingredients and contributed to the firm's insolvency.
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April 10, 2025
Byju's Alpha Sues Co-Founder Over $533M In Missing Funds
The bankrupt U.S. subsidiary of Indian tech giant Byju's has filed a suit alleging the company's founder had a direct hand in the disappearance of $533 million in company assets prior to its Chapter 11 filing.
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April 10, 2025
Judge Romance Fee Disputes Moved From Bankruptcy Court
A Texas federal district court agreed to preside over a suit brought by the U.S. Trustee's Office to make Jackson Walker LLP forfeit fees from more than 30 cases overseen by a former bankruptcy judge who was romantically involved with a one time-partner from the firm.
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April 10, 2025
Carlton Fields Beats DQ Bid In Fla. $500M Miss America Suit
A Florida federal judge denied a bid to disqualify Carlton Fields in a $500 million lawsuit over the ownership of the company that runs the Miss America pageant, saying such a remedy is extraordinary, and that the allegations are "scattered and speculative."
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April 10, 2025
No Plan To Trim Do Kwon Case After Crypto Memo, Feds Say
A U.S. Department of Justice memo outlining the Trump administration's cryptocurrency policy and enforcement priorities has not prompted prosecutors to alter their $40 billion criminal fraud case against Terraform founder Do Kwon, a government lawyer told a Manhattan federal judge Thursday.
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April 10, 2025
Gunster Adds Byrd Campbell Litigation Atty In Orlando
Florida business law firm Gunster has added a new shareholder with expertise in complex commercial litigation, bankruptcy law and creditors' rights matters to its Orlando office from Byrd Campbell PA.
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April 10, 2025
Purdue Cleared To Start Ch. 11 Claims Processing Early
A New York bankruptcy judge on Thursday approved Purdue Pharma's request to appoint claims administrators and begin processing the tens of thousands of claims against the drugmaker, reasoning that doing so ahead of plan confirmation would enable the debtor to make faster distributions to creditors.
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April 09, 2025
Wellpath Can Sell Struggling Hospitals For $1 In Ch. 11
A Texas bankruptcy judge on Wednesday approved prison healthcare business Wellpath's request to sell two behavioral care-focused hospitals for $1, finding that the debtor had made the case that the facilities were money losers that the debtor needed to get off its books.
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April 09, 2025
Celsius' Suit Against Blockchain Analysts Heads To Fed. Court
A New York federal district court has granted a request from blockchain analysis company Chainalysis to preside over an adversary lawsuit brought against it by the litigation administrator for defunct cryptocurrency platform Celsius Network LLC, after the parties indicated they agreed to transfer the case out of bankruptcy court.
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April 09, 2025
Ch. 11 Filings Surge In March, While Small Biz Filings Flat
A new report shows that Subchapter V filings have leveled off after the debt limit for the streamlined restructuring method was reduced in June, as experts warned that the lower threshold could push businesses to either more expensive Chapter 11 filings or out of business.
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April 09, 2025
Puerto Rico Utility Shorted Bondholders By $2.9B, Docs Say
Bondholders of the Puerto Rico Electric Power Authority requested permission from a Puerto Rico bankruptcy judge to file a financial report revealing that the bankrupt utility failed to transfer $2.9 billion over six years into a trust account designated for debt repayment.
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April 09, 2025
White & Case's $430K Fee Claim Denied In Terraform Ch. 11
A Delaware bankruptcy judge denied a $430,000 fee claim filed by law firm White & Case LLP in the Chapter 11 case of Terraform Labs Wednesday, saying payment of the claim was not allowed under the Bankruptcy Code because the firm was never officially retained for its work on behalf of the creditors committee.
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April 09, 2025
Conn. Justices Won't Review $1.4B Verdict Against Alex Jones
The Connecticut Supreme Court has denied a bid by bankrupt Infowars host Alex Jones to appeal a judgment awarding more than $1 billion to the families of Sandy Hook Elementary School shooting victims who sued him for defamation.
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April 08, 2025
Jazz Agrees To Pay $145M To Settle Xyrem Antitrust Fight
Jazz Pharmaceuticals has agreed to pay $145 million to resolve antitrust litigation accusing it of working with its rival Hikma Pharmaceuticals to stave off generic competitors to Jazz's narcolepsy drug Xyrem, the Ireland-based pharmaceutical company revealed Tuesday.
Expert Analysis
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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.
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Rethinking 'No Comment' For Clients Facing Public Crises
“No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.
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How Design Thinking Can Help Lawyers Find Purpose In Work
Lawyers everywhere are feeling overwhelmed amid mass government layoffs, increasing political instability and a justice system stretched to its limits — but a design-thinking framework can help attorneys navigate this uncertainty and find meaning in their work, say law professors at the University of Michigan.
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Competitive Weightlifting Makes Me A Better Lawyer
The parallels between the core principles required for competitive weightlifting and practicing law have helped me to excel in both endeavors, with each holding important lessons about discipline, dedication, drive and failure, says Damien Bielli at VF Law.
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Serta Ruling Further Narrows Equitable Mootness In 5th Circ.
The Fifth's Circuit recent Serta bankruptcy decision represents a further hardening of its view of the equitable mootness doctrine, and may set up a U.S. Supreme Court review of the doctrine in the near future, say attorneys at Cleary.
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Inconsistent Injury-In-Fact Rules Hinder Federal Practice
A recent Third Circuit decision, contradicting a previous ruling about whether consumers of contaminated products have suffered an injury in fact, illustrates the deep confusion this U.S. Supreme Court standard creates among federal judges and practitioners, who deserve a simpler method of determining which cases have federal standing, says Eric Dwoskin at Dwoskin Wasdin.
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In-House Counsel Pointers For Preserving Atty-Client Privilege
Several recent rulings illustrate the challenges in-house counsel can face when attempting to preserve attorney-client privilege, but a few best practices can help safeguard communications and effectively assert the privilege in an increasingly scrutinized corporate environment, says Daniel Garrie at Law & Forensics.
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Collecting Rare Books Makes Me A Better Lawyer
My collection of rare books includes several written or owned by prominent lawyers from early U.S. history, and immersing myself in their stories helps me feel a deeper connection to my legal practice and its purpose, says Douglas Brown at Manatt Health.
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Judge Should Not Have Been Reprimanded For Alito Essay
Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.
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Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example
Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.