Large Cap

  • May 15, 2024

    MLB, NHL, NBA Doubt Bally Sports Parent Can Reorganize

    The bankrupt parent of Bally Sports-branded regional sports networks touted the extension of a carriage contract with DirecTV Wednesday in Texas bankruptcy court, at the same time that the parent company's partners in major American sports leagues expressed skepticism about its ability to successfully reorganize.

  • May 15, 2024

    News Media Don't Want FTX Examiner's Report Sealed

    Major news media companies asked a Delaware bankruptcy judge to ensure that an examiner's report into crypto giant FTX's downfall is not filed under seal, arguing that a proposed redaction process runs counter to the court's previous order, a Third Circuit decision and the public interest.

  • May 15, 2024

    Ollie's Can Make $14.6M Stalking-Horse Bid For 99 Cents Only

    Discount retail chain 99 Cents Only received approval Wednesday from a Delaware bankruptcy judge for a $14.6 million stalking-horse bid for 11 of its properties in Texas from Ollie's Bargain Outlet Inc., another discount retailer.

  • May 15, 2024

    NY Diocese, Abuse Claimants Sent To Ch. 11 Plan Talks

    A New York bankruptcy judge Wednesday sent the Roman Catholic Diocese of Rockville Centre and clergy sex abuse claimants back into mediation rather than grant the diocese's request to dismiss the case after the abuse claimants rejected its Chapter 11 plan.

  • May 15, 2024

    Celsius Data Leak Highlights Privacy Puzzle In Crypto Ch. 11s

    A recent phishing attack that exposed personal information of 104,000 creditors in Celsius Network's Chapter 11 case has thrown fresh light on a vexing question for bankruptcy courts across the country: how to balance cryptocurrency companies' insistence on anonymity with bankruptcy's principle of transparency.

  • May 15, 2024

    Ex-FTX Exec Seeks Leniency, Saying He Was Kept In The Dark

    A former top FTX official has asked a Manhattan federal judge for a lenient 18-month sentence, saying he was not part of company co-founder Sam Bankman-Fried's inner circle and was as shocked as everyone else to learn that the crypto exchange was operating a fraud that siphoned billions in customer funds.

  • May 14, 2024

    5th Circ. Nixes Catholic Abuse Claimants' Ch. 11 Appeal

    Sex abuse claimants removed from a Catholic archdiocese's bankruptcy unsecured creditors committee don't have grounds for an appeal because they couldn't show the removal was a sanction on them that cost the claimants anything, the Fifth Circuit said.

  • May 14, 2024

    BlockFi Ch. 11 Judge Keeps Insurance Fight In State Court

    The judge overseeing the bankruptcy of cryptocurrency venture BlockFi Inc. ruled a fight over a $22.5 million premium for a directors and officers insurance policy should stay in New Jersey state court, saying the suit largely did not violate BlockFi's Chapter 11 plan.

  • May 14, 2024

    5 Retail Industry Questions For A Restructuring Expert

    Major headwinds have been hitting the retail industry for some time and have already blown major brand names like Express Inc., Joann Inc. and Sam Ash Music Corp. into Chapter 11.

  • May 14, 2024

    Stretto Says Data Leak Spread Beyond Celsius Case

    A New York bankruptcy judge expressed alarm Tuesday after Stretto disclosed that a data breach in the Chapter 11 of Celsius Network last month had affected creditors in additional cases, warning the claims agent he would bar it from working on cases he oversees if it fails to properly deal with the cyberattacks.

  • May 14, 2024

    FTX Wants Calif. Org To Return $5M In Donations

    FTX has filed an adversary claim in its Chapter 11 case seeking to claw back roughly $5 million in prepetition charitable donations given to a Berkeley, California, nonprofit, which the company said was supported by its founder Sam Bankman-Fried and other insiders of the onetime cryptocurrency giant.

  • May 14, 2024

    Sullivan & Cromwell Seeks To Ax Claims Of Aiding FTX Fraud

    Sullivan & Cromwell LLP wants a Florida federal court to dismiss a proposed class action alleging the firm knew about and helped facilitate the massive fraud by FTX, saying customers of the cryptocurrency exchange platform fail to claim anything beyond a "series of speculative allegations with no factual basis."

  • May 14, 2024

    Jackson Walker Wants Out Of Texas Judge Romance Suit

    Law firm Jackson Walker told a Texas federal court it wants out of a lawsuit accusing it of harming a tug boat company whose case was pending before a bankruptcy judge engaged in a romantic relationship with a firm attorney.

  • May 14, 2024

    Frost Brown Gains V&E Bankruptcy Ace In Dallas

    Frost Brown Todd LLP has fortified its bankruptcy and restructuring practice with a partner in Dallas who came aboard after more than 16 years at Vinson & Elkins LLP.

  • May 13, 2024

    Kabbage Inks 2 FCA Deals With Feds Totaling $120M

    Bankrupt online lender Kabbage Inc. has agreed to pay $120 million in two separate deals to resolve allegations it submitted thousands of false claims for loan forgiveness and operated without adequate fraud controls in place, the U.S. Department of Justice announced Monday.

  • May 13, 2024

    SVB's Bid To Recoup $1.9B Runs 'Counter To Law,' FDIC Says

    The bankrupt former parent company of Silicon Valley Bank can't sue to collect $1.9 billion in deposits held by the Federal Deposit Insurance Corp. when it took receivership over funds after the bank failed, the FDIC told a California federal judge, saying the majority of SVB's latest lawsuit over the funds should be thrown out.

  • May 13, 2024

    Giuliani Gag Suit, FTX To Pay Up, Victims Seek Sanctions

    Poll workers asked a bankruptcy court to bar Rudy Giuliani from making future defamatory statements like the ones that led to a $148 million judgment against him, while FTX said it plans to repay all customers in full in its proposed Chapter 11, and abuse claimants against the Roman Catholic Diocese of Syracuse are requesting sanctions for insurers that shared sensitive claims data.

  • May 13, 2024

    Binance Says Sullivan & Cromwell, FRA To Serve As Monitors

    Crypto exchange Binance said Monday that the federal government has selected a Sullivan & Cromwell LLP partner and a Forensic Risk Alliance founding partner to serve as independent third-party monitors overseeing its compliance with the terms of its $4.3 billion settlement and guilty plea over money laundering, bank fraud and sanctions violations.

  • May 13, 2024

    Kwok Trustee Seeks Expanded Role For BVI Law Firm

    The Chapter 11 trustee in Chinese exile Ho Wan Kwok's bankruptcy case has asked a Connecticut judge for permission to hire Harney Westwood and Riegels LP as Cayman Islands counsel, a move that would expand the firm's reach beyond its current status as British Virgin Islands counsel to the estate.

  • May 13, 2024

    Terraform Asks To Extend Coverage Of Worker Legal Fees

    Insolvent cryptocurrency startup Terraform Labs has urged a Delaware bankruptcy court to let it continue to cover legal bills its employees incurred while responding to a government investigation for another six months.

  • May 13, 2024

    Steward Health's Multifaceted Ride Into Bankruptcy

    By the time major U.S. hospital operator Steward Health Care fell into Chapter 11 on May 6, there were plenty of different places for critics to lay the blame: at the feet of its former private equity owners, its lender and landlord, its CEO, a stalled business deal, or the economy itself.

  • May 13, 2024

    Jackson Walker Seeks Sanctions Over Judge Romance Suit

    Jackson Walker LLP asked a Texas federal court Monday to sanction lawyers and their "disgruntled millionaire" client for leveling racketeering allegations in a lawsuit over a former bankruptcy judge's romantic relationship with a former firm lawyer, saying the claims are "frivolous" and "conclusory."

  • May 13, 2024

    Justices Won't Review Ch. 11 Stay In Asbestos Cases

    The U.S. Supreme Court won't review lower courts' decisions allowing the paper-products company Georgia-Pacific to remain shielded from mass tort litigation by way of a subsidiary's Chapter 11 case.

  • May 10, 2024

    ABI Meeting Debates Purdue, DIPs, Data Breaches And Incora

    Lawyers met in Manhattan for the American Bankruptcy Institute's daylong New York City Bankruptcy Conference on Thursday, taking in a packed day of panels on subjects ranging from Purdue Pharma to debtor-in-possession financing trends and the increasingly complicated presumption of transparency in bankruptcy.

  • May 10, 2024

    Full 4th Circ. Urged To Settle Key 'Texas Two-Step' Questions

    A Fourth Circuit panel left critical issues open when it denied permission to an appeal challenging the so-called Texas two-step Chapter 11 of industrial equipment maker Aldrich Pump, asbestos claimants in two separate bankruptcy cases said, asking the full appeals court to reconsider hearing the case and settle questions that have plagued their own bankruptcies in the Western District of North Carolina.

Expert Analysis

  • Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

  • How Cannabis Cos. Are Adapting In Shifting Bankruptcy Arena

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    Recent bankruptcy cases show that federal courts have begun to demonstrate more openness to downstream businesses in the cannabis industry, and that even though receivership can be a viable option for those denied access to the bankruptcy system, it is not without its own risks and complexities, say attorneys at Troutman Pepper.

  • Pa. City Ch. 9 Ruling Raises Municipal Financing Concerns

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    A Pennsylvania district court’s recent ruling in a Chapter 9 case filed by the city of Chester, Pennsylvania, strengthens the foundations of the municipal bond market, but also demonstrates that bankruptcy courts continue to struggle with some of the features of municipal revenue bonds and issue rulings that contradict market expectations, say attorneys at Cadwalader.

  • Writing Thriller Novels Makes Me A Better Lawyer

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    Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.

  • What Lawyers Must Know About Calif. State Bar's AI Guidance

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    Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.

  • Industry Must Elevate Native American Women Attys' Stories

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    The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.

  • Pa. Ruling Shows Why Term Sheet Can Be Worth The Wait

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    A Pennsylvania bankruptcy court’s recent In re: Legarde ruling, holding that a settlement term sheet was enforceable, reminds litigants that it’s crucial to draft a written agreement before leaving mediation in order to resolve potential evidentiary issues and protect against buyer’s remorse, says Brian Shaw at Cozen O'Connor.

  • Understanding Discovery Obligations In Era Of Generative AI

    Excerpt from Practical Guidance
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    Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.

  • Asserting 'Presence-Of-Counsel' Defense In Securities Trials

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    As illustrated by the fraud trial of FTX founder Sam Bankman-Fried, defense attorneys in securities trials might consider arguing that counsel had some involvement in the conduct at issue — if the more formal advice-of-counsel defense is unavailable and circumstances allow for a privilege waiver, say Joseph Dever and Matthew Elkin at Cozen O'Connor.

  • Crypto Has Democratized Trading In Bankruptcy Claims

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    Following the pandemic, there has been a wave of cryptocurrency bankruptcies and a related increase in access to information, allowing nontraditional bankruptcy investors to purchase claims and democratizing a once closed segment of alternative investing, says Joseph Sarachek at Strategic Liquidity.

  • The Case For Post-Bar Clerk Training Programs At Law Firms

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    In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.

  • 5 Key Tips For Attorneys In The Subchapter V Arena

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    Subchapter V cases present unique challenges for the nondebtor parties-in-interest, and habits developed by attorneys in typical Chapter 11 cases do not necessarily translate, meaning creditors and their counsel should quickly take a proactive role in their cases to protect their interests, which can be done by attending the 341 meeting, analyzing the plan, and more, says Kelly Singer at Squire Patton.

  • Attorneys Have An Ethical Duty To Protect The Judiciary

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    The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.

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