Mid Cap

  • July 08, 2024

    iSun Gets OK For July Auction After Fee Deal

    A Delaware bankruptcy judge Monday gave solar energy firm iSun permission to put itself on the block at the end of July after its proposed baseline bidder agreed to accept a flat amount as a bid protection payment rather than a percentage of a winning overbid.

  • July 08, 2024

    Romance Writers Group Can Go Ahead With Ch. 11 Plan

    A Texas bankruptcy judge on Monday allowed Romance Writers of America to move forward with its bankruptcy plan in the trade association's streamlined Chapter 11 case, noting that there were no objections to confirming the reorganization.

  • July 08, 2024

    SEC, US Trustee Say CalAmp Can't Nix Claims Post-Purdue

    Two federal agencies have objected to third-party releases in cloud-technology developer CalAmp Corp.'s Chapter 11 plan, telling a Delaware bankruptcy judge that the U.S. Supreme Court's recent ruling in Purdue Pharma bars the company from extinguishing claims against nondebtors without shareholders' consent.

  • July 08, 2024

    Icon Aircraft Investor Says Co.'s Ex-CEO Can't Pursue Suit

    The majority equity owner of Icon Aircraft has asked a Delaware bankruptcy judge to reject a request by a group of investors including the company's former chief executive to continue prosecuting claims that it breached fiduciary duties, arguing those claims belong to the debtor instead.

  • July 05, 2024

    UpHealth Says $110M Glocal Award Can Be Enforced

    Bankrupt medical tech company UpHealth has urged an Illinois court to enforce a $110 million arbitral award against Indian digital healthcare services platform Glocal Healthcare in a bitter feud over an ill-fated merger, saying the court should reject Glocal's argument that the tribunal exceeded its powers.

  • July 05, 2024

    Insurer Says No Sanctions Needed For Abuse Survivors Leak

    An insurance carrier for the bankrupt Roman Catholic Diocese of Syracuse is asking a New York bankruptcy judge to reject a request that she sanction it for leaking information about sexual abuse survivors, saying it shouldn't be punished for mistakes it's already fixed.

  • July 05, 2024

    How Reshaped Circuit Courts Are Faring At The High Court

    Seminal rulings from the U.S. Supreme Court's latest term will reshape many facets of American society in the coming years. Already, however, the rulings offer glimpses of how the justices view specific circuit courts, which have themselves been reshaped by an abundance of new judges.

  • July 05, 2024

    Breaking Down The Vote: The High Court Term In Review

    The U.S. Supreme Court's lethargic pace of decision-making this term left the justices to issue a slew of highly anticipated and controversial rulings during the term's final week — rulings that put the court's ideological divisions on vivid display. Here, Law360 takes a data dive into the numbers behind this court term.

  • July 05, 2024

    High Court Flexes Muscle To Limit Administrative State

    The U.S. Supreme Court's dismantling of a 40-year-old judicial deference doctrine, coupled with rulings stripping federal agencies of certain enforcement powers and exposing them to additional litigation, has established the October 2023 term as likely the most consequential in administrative law history.

  • July 05, 2024

    The Sharpest Dissents From The Supreme Court Term

    The U.S. Supreme Court's session ended with a series of blockbuster cases that granted the president broad immunity, changed federal gun policy and kneecapped administrative agencies. And many of the biggest decisions fell along partisan lines.

  • July 05, 2024

    5 Moments That Shaped The Supreme Court's Jan. 6 Decision

    When the high court limited the scope of a federal obstruction statute used to charge hundreds of rioters who stormed the Capitol, the justices did not vote along ideological lines. In a year marked by 6-3 splits, what accounts for the departure? Here are some moments from oral arguments that may have swayed the justices.

  • July 05, 2024

    The Funniest Moments Of The Supreme Court's Term

    In a U.S. Supreme Court term teeming with serious showdowns, the august air at oral arguments filled with laughter after an attorney mentioned her plastic surgeon and a justice seemed to diss his colleagues, to cite just two of the term's mirthful moments. Here, we look at the funniest moments of the term.

  • July 05, 2024

    Judge Grants Ch. 11 DIP Extension To Takeoff

    A Delaware bankruptcy judge ordered Friday that bankrupt grocery automation company Takeoff Technologies Inc. be given a second round of interim debtor in possession financing, worth almost $600,000, as the company's Chapter 11 case winds its way to a decision on a controversial final funding approval.

  • July 05, 2024

    Mercon Coffee Says Ch. 11 Releases Aren't Insider Incentives

    Bankrupt coffee supplier Mercon Coffee Group defended employee releases in its Chapter 11 liquidation plan, telling a New York bankruptcy court that Section 503(c) of the Bankruptcy Code limits payment of administrative expenses to insiders, not release of claims.

  • July 05, 2024

    Summer Kicks Off With Run Of New Bankruptcy Filings

    The first weeks of summer have seen a steady run of bankruptcy filings, with debtors entering insolvency courts from the toy, clothing and entertainment industries.

  • July 05, 2024

    Court To Weigh Scope Of Ex-Judge's Atty Romance Testimony

    A Texas bankruptcy judge said he must determine the scope of a deposition over a former judge's concealed romantic relationship with an ex-Jackson Walker LLP attorney, reversing course on a stipulation and ruling he has "exclusive authority" to "authorize and set limits regarding the nature of the testimony."

  • July 05, 2024

    The Firms That Won Big At The Supreme Court

    This U.S. Supreme Court term featured high-stakes oral arguments on issues including gerrymandering, abortion and federal agency authority, and a hot bench ever more willing to engage in a lengthy back-and-forth with advocates. Here's a look at the law firms that argued the most cases and how they fared.

  • July 05, 2024

    US Trustee Calls Rue21 Exculpations Excessive

    The U.S. Trustee's Office has told a Delaware bankruptcy judge that teen apparel retailer rue21 is trying to protect too many parties from potential legal liability as it seeks to wind down its Chapter 11 case.

  • July 03, 2024

    Insurer Seeks To Cover D&O Defenses In DMK Pharma Ch. 11

    An insurance company asked a Delaware bankruptcy court Wednesday to let it pay defense expenses under a $5 million directors and officers policy for bankrupt biotechnology company DMK Pharmaceuticals Corp., which is facing an investor lawsuit and two federal agency investigations, arguing the policy proceeds aren't part of DMK's Chapter 11 estate.

  • July 03, 2024

    Takeoff Seeks To Alter Ch. 11 Loan To Avoid Liquidation

    Bankrupt grocery automation company Takeoff Technologies was unable to reach a deal with creditors to transfer a software license and instead plans to remove the transfer from its debtor-in-possession loan, in a bid to avoid a conversion to a Chapter 7 liquidation.

  • July 03, 2024

    Purdue Ruling Threatens To Limit Broader Bankruptcy Powers

    The U.S. Supreme Court's narrow read of a bankruptcy statute in its decision to reject nonconsensual third-party releases in the Purdue Pharma case could curb courts' power to authorize a range of Chapter 11 requests that aren't explicitly allowed under the law.

  • July 03, 2024

    Giuliani Creditors Say Conversion Motion 'Just Games'

    A New York bankruptcy judge will hear arguments next week over whether to convert Rudy Giuliani's Chapter 11 to a liquidation, a move his creditors denounced as gamesmanship with the bankruptcy system.

  • July 03, 2024

    Steward Health Downfall Prompts Calls For Tighter Regs

    The magnitude of the financial troubles plaguing bankrupt hospital operator Steward Health Care has turned the Chapter 11 case into a flash point that should prompt a regulatory overhaul, according to a new report released by advocacy group Private Equity Stakeholder Project.

  • July 02, 2024

    Purdue Sets Stage For Boy Scouts Equitable Mootness Fight

    After the U.S. Supreme Court's ruling last week in the Purdue Pharma case, the Boy Scouts' bankruptcy plan is back in focus before a federal appeals court, potentially reigniting a heated debate over equitable mootness, a doctrine courts have long used as grounds to avoid reopening and tinkering with already-consummated bankruptcy plans.

  • July 02, 2024

    Sens. Urge Synapse Partners To Free Up Customer Funds

    A group of Democratic senators led by banking committee chair Sherrod Brown, D-Ohio, called on the owners and banking partners of bankrupt fintech intermediary Synapse Financial Technologies to restore customers' access to their deposits.

Expert Analysis

  • 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

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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.

  • Why The Debt Maturity Wall Is Still A Figment, For Now

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    While the phenomenon of the debt maturity wall — a growing wall of staggered corporate debt maturities — has been considered a looming problem since the aftermath of the 2008 global financial crisis, it’s unlikely to have significant consequences before 2025 due to factors such as quantitative easing and evolved lending practices, says Michael Eisenband at FTI Consulting.

  • AI Can Help Lawyers Overcome The Programming Barrier

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    Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.

  • 10 Essential Bankruptcy Litigation Tips For In-House Counsel

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    Bankruptcy litigation is a complex and multifaceted area of law that poses unique challenges for in-house counsel, and there are several tools at legal professionals' disposal, like appraisals and understanding jurisdictions, to stay well-informed and protect their companies' interests, says Alison Ashmore at Dykema.

  • Preparing Law Students For A New, AI-Assisted Legal World

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    As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.

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