Large Cap
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March 24, 2025
Bread Financial Gets Investor's Spinoff Suit Tossed For Good
Bread Financial Holdings Inc. and some of its executives have beaten a shareholder suit alleging that they tried to defraud investors by concealing issues with now-bankrupt spinoff company Loyalty Ventures, with a court ruling that the defendants had made necessary disclosures to investors.
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March 24, 2025
Prospect Medical Scores $13M Funding Bump Amid Sale Talks
Counsel for hospital operator Prospect Medical told a Texas bankruptcy judge Monday the debtor recently struck a deal to further finance the operation of its hospitals in Pennsylvania to the tune of $13 million, with the help of a nonprofit, as the parties continue negotiations.
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March 24, 2025
Reed Smith Accused Of Interference In $102M Award Fight
The purported new owners of Eletson Holdings Inc., a reorganized international shipping group, have urged the Second Circuit to nix Reed Smith's appeal challenging the law firm's removal as counsel for the company's prebankruptcy shareholders in an enforcement action, saying the former owners declined the opportunity to intervene and that their counsel cannot intervene on their behalf.
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March 21, 2025
Chancery Nixes Mid-Case Appeal In Sears Appraisal Suit Fix
A Delaware vice chancellor refused on Friday to certify a mid-case appeal sought by bankrupt Sears Hometown Stores and its billionaire controller after a Court of Chancery ruling that an investor should get a full $4.06 per share post-squeeze-out merger award despite pursuing an alternative stock appraisal that was dead-ended by bankruptcy.
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March 21, 2025
Industry Slump, COVID Led To Brazilian Builder's Ch. 15
A combination of political instability, a prolonged downturn in its home country's building sector and economic fallout from the COVID-19 pandemic has led a Brazil-based construction conglomerate to petition for Chapter 15 recognition in a New York bankruptcy court, as it pursues a reorganization in a São Paulo court.
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March 21, 2025
Texaco Appeals Ch. 11 Order Keeping La. Litigation Alive
Texaco has said it is appealing a New York bankruptcy judge's decision that tens of billions in environmental litigation liabilities weren't discharged in its 37-year-old Chapter 11 reorganization.
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March 21, 2025
No Suspension Pause For Ex-Alex Jones Atty, Ethics Boss Says
A former Alex Jones attorney's two-week suspension from practicing law in Connecticut should not be halted amid an impending appeal, but he should get credit for a previous weeklong suspension he served over the same mishandling of confidential information about family members of Sandy Hook shooting victims, the state's chief legal ethics official said in a new filing.
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March 21, 2025
Imerys Insurers Want Italian Subsidiary's Ch. 11 Tossed
A foreign affiliate of bankrupt talc miner Imerys does not qualify for Chapter 11 protection, a group of insurance carriers have told the Delaware bankruptcy court, urging it to dismiss the subsidiary's recent bankruptcy petition.
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March 21, 2025
Exactech Strikes $10M Deal With TPG In Ch. 11
Counsel for medical implant maker Exactech Friday told a Delaware bankruptcy judge it has reached a $10 million settlement of potential claims against its equity sponsor a week before it will seek approval to send its Chapter 11 plan out for a vote.
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March 21, 2025
Credit Unions Denied Class Cert. In NY Rate Cut Suit
A trio of Western New York credit unions can't get certification for a class of state court consumer debt judgment holders after a lengthy "abusive and tactical" delay in filing their certification bid in a suit over a state law aimed at decreasing the default interest rate for such judgments, a Manhattan federal judge found.
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March 20, 2025
Judge Nixes Bid For InfoWars Publisher In Alex Jones Ch. 7
A Texas bankruptcy judge has rejected a new $8 million cash offer for Free Speech Systems, the publisher of InfoWars, writing he already ruled out a sale of FSS' assets in the Chapter 7 of conspiracy theorist Alex Jones.
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March 20, 2025
Feds Say Crypto Lobbyist Can't Delay FTX-Tied Case
New York federal prosecutors Thursday opposed a request from attorney and crypto lobbyist Michelle Bond to extend filing deadlines for pre-trial motions in her criminal case until June, saying Bond's inability to access her assets due to bankruptcy proceedings involving her FTX-affiliated husband is not enough to warrant a delay.
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March 20, 2025
Houston's MMA Law Inks Ch. 11 Deal With Litigation Funder
Houston's bankrupt MMA Law Firm PLLC has struck a deal to share the proceeds of its mass tort lawsuits with litigation funders Equal Access Justice Fund LP, a key creditor, in exchange for support of its Chapter 11 plan.
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March 20, 2025
Purdue's $7.4B Deal Fits Right Into New Ch. 11 Paradigm
Months after the U.S. Supreme Court issued a paradigm-changing decision torpedoing nonconsensual liability releases in bankruptcy, Purdue is back with a new $7.4 billion settlement of opioid claims that adheres not only to the high court decision, but also to a new norm developing around Chapter 11 plans, experts told Law360.
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March 20, 2025
Joann Fabric Can't Hire Deloitte In Ch. 11, US Trustee Argues
The U.S. Trustee's Office has urged a Delaware bankruptcy court to reject fabrics and crafts retailer Joann Inc.'s request to hire professionals from Deloitte in its Chapter 11, unless the debtor can show the accounting firm is disinterested in the case despite having received roughly $3 million from Joann in the months before its collapse.
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March 20, 2025
WOM Seeks To Extend Ch. 11 Exclusivity Post-Plan Approval
Chilean mobile phone operator WOM SA asked a Delaware bankruptcy judge to extend its exclusivity period by 30 days to give it enough time to consummate a Chapter 11 plan that was approved earlier this month.
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March 20, 2025
Denver Environmental Lawyer Rejoins V&E From Kirkland
Vinson & Elkins LLP has announced the return of a Denver environmental lawyer from Kirkland & Ellis LLP.
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March 19, 2025
Meet The Attys Overseeing Forever 21's Latest Ch. 11
Los Angeles-based fashion retailer Forever 21 has hired lawyers from Paul Weiss Rifkind Wharton & Garrison LLP and Young Conaway Stargatt & Taylor LLP to guide its second Chapter 11 case in six years, as the company seeks to close more than 300 stores and find a buyer for its business, or wind down.
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March 19, 2025
5th Circ. Reverses Highland Reorg Plan Over Broad Protection
The Fifth Circuit partially reversed and remanded the Texas bankruptcy court's approval of defunct hedge fund Highland Capital Management's Chapter 11 plan, ruling that the bankruptcy court "exceeded its power" by unlawfully shielding nondebtors from liability.
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March 19, 2025
Prospect Medical Gets Deal With MPT To Start Sale Process
A Texas bankruptcy judge on Wednesday approved a settlement between hospital operator Prospect Medical Holdings Inc. and landlord Medical Properties Trust Inc. that allows the debtor to launch a sale process for its facilities in California and Connecticut and borrow $25 million to fix earthquake damage.
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March 19, 2025
Alex Jones' Sandy Hook Atty Wants Suspension Halved
A Connecticut attorney suspended for two weeks over his role in the mishandling of Sandy Hook families' confidential records has asked a state court judge to credit him for a weeklong suspension he served more than two years ago and to pause the order while he appeals.
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March 19, 2025
Schulte Roth Restructuring Leader Rejoins Cadwalader In DC
The former co-chair of Schulte Roth & Zabel LLP's business reorganization group has rejoined Cadwalader Wickersham & Taft LLP after more than a decade away from the firm, Cadwalader recently announced.
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March 19, 2025
NJ Lawyer Says SDNY Filing Ban Not In Court's Power
A lawyer who was barred from filing new petitions in the Southern District of New York bankruptcy court and was ordered to pay a $2,000 fine for an alleged pattern of filing and then abandoning bankruptcy cases is trying to overturn the judgment, arguing the court "overlooked matters" that would have counted in his favor.
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March 19, 2025
Bradley Expands Houston Office With Bankruptcy, Corporate Trio
Bradley Arant Boult Cummings LLP said Wednesday that it has expanded its bankruptcy and corporate team in Houston with the addition of three attorneys from Chamberlain Hrdlicka White Williams & Aughtry, including the former chair of the firm's bankruptcy, restructuring and creditor rights practice.
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March 19, 2025
Law360 Announces The Members Of Its 2025 Editorial Boards
Law360 is pleased to announce the formation of its 2025 Editorial Advisory Boards.
Expert Analysis
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
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A Strategic Checklist For Bankruptcy Motion Objections
Excerpt from Practical Guidance
Hewing to a set of best practices for objecting to a motion in bankruptcy cases can help creditors’ counsel stay on track as they juggle deadlines and jurisdictions, determine whether filing will help or harm the client, and negotiate with the debtor.
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The 3rd-Party Bankruptcy Release Landscape After Purdue
In its Purdue Pharma ruling prohibiting nonconsensual third-party releases, the U.S. Supreme Court did not comment on criteria to render a third-party release consensual, opening a debate in the bankruptcy courts on the permissibility of opt-out versus opt-in releases, say attorneys at Morgan Lewis.
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Striking A Balance Between AI Use And Attorney Well-Being
As the legal industry increasingly adopts generative artificial intelligence tools to boost efficiency, leaders must note the hidden costs of increased productivity, and work to protect attorneys’ well-being while unlocking AI’s full potential, says Ed Sohn at Factor.
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Being An Artist Makes Me A Better Lawyer
My work as an artist has highlighted how using creativity and precision together — qualities that are equally essential in both art and law — not only improves outcomes, but also leads to more innovative and thoughtful work, says Sarah La Pearl at Segal McCambridge.
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Bankruptcy Decision Exemplifies Venue Issue For Franchisees
A California bankruptcy court's decision earlier this month in Pinnacle Foods and a lingering circuit split on assumption of executory franchise contracts highlights the issue of whether franchisee debtors can qualify for case venue in friendlier circuits, says David Gamble at Parkins Rubio.
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Lawyers With Disabilities Are Seeking Equity, Not Pity
Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.
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Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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What Being An 'Insider' Means In Ch. 11, And Why It Matters
As borrowers grapple with approaching near-term maturities on corporate debt, lenders should be proactive in mitigating the risks of being classified as an insider in potential bankruptcies, including heightened scrutiny, preference risk, plan voting and more, say David Hillman and Steve Ma at Proskauer.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Navigating The Bankruptcy Terrain After Purdue Pharma
The U.S. Supreme Court’s June ruling in Harrington v. Purdue Pharma is having a significant impact on bankruptcies, with recent cases addressing nonconsensual third-party releases and opt-out mechanisms, and highlighting strategies practitioners can employ to avoid running afoul of the decision, say Brett Axelrod and Agostino Zammiello at Fox Rothschild.