Mid Cap

  • April 16, 2024

    Terraform Creditors Say All Clear To Hire Crypto Tracing Firm

    The creditors committee for bankrupt cryptocurrency startup Terraform Labs Pte. Ltd. said on Tuesday it had resolved the only issues the U.S. Trustee's Office had with the committee's request to hire an investment bank to advise it on tracing cryptocurrency in Terraform's Chapter 11 case.

  • April 16, 2024

    Biotech Co. NanoString Seeks OK For Ch. 11 Plan Vote

    Biotechnology company NanoString Technologies Inc. has asked a Delaware bankruptcy judge to send its Chapter 11 plan out for a creditor vote as it takes bids for its assets.

  • April 16, 2024

    Companies Wrongly Found Insolvent, Texas Court Rules

    A Texas appeals court on Tuesday reversed a decision by a lower court that named two companies partially owned by a real estate developer that filed for bankruptcy as insolvent as well, saying a state court "abused its discretion" by putting the two entities in receivership.

  • April 16, 2024

    Bankrupt Breast Implant Co. Submits Ch. 11 Plan Disclosures

    Bankrupt breast implant company Sientra Inc. has asked a Delaware bankruptcy court to approve the disclosure statement for its Chapter 11 reorganization plan, which provides for a wind-down of what is left of the company after $50.5 million worth of asset sales.

  • April 15, 2024

    Carey Remembered As Practical Judge With Great Demeanor

    Former Delaware bankruptcy Judge Kevin J. Carey, who died Thursday at the age of 69, is remembered by colleagues as a respectful, practical judge who lawyers looked forward to appearing in front of in court.

  • April 15, 2024

    US Trustee Wants Biotech Eiger's Ch. 11 Booted From Texas

    The U.S. Trustee's Office has asked a Texas bankruptcy judge to remove the Chapter 11 case of Eiger BioPharmaceuticals Inc. from the Lone Star State, saying the company cannot justify bringing it there.

  • April 15, 2024

    Humanigen Files Ch. 11 Plan Disclosures

    Bankrupt biopharma company Humanigen Inc. has filed a proposed Chapter 11 plan and disclosure statement in Delaware court that calls for the payment in full of secured and priority claims, while general unsecured creditors owed a collective $44 million will receive up to 19% recoveries.

  • April 15, 2024

    Canadian Supplement Co.'s Sale Hits Ch. 15 Snag In Del.

    A Delaware bankruptcy judge appeared skeptical Monday that an American judge can weigh in on a dispute over rights to Canadian assets, as counsel for a troubled nutritional supplement supplier based in Canada argued for U.S. recognition of a sale order from an insolvency court in its home country.

  • April 15, 2024

    NH Power Plant Co. Can Send Dual-Path Ch. 11 Plan To A Vote

    The operator of a New Hampshire power plant fueled by scrap wood can seek creditors' approval of its Chapter 11 proposal, through which the debtor would either sell its assets or hand ownership of the reorganized business to lenders, a Delaware bankruptcy judge ruled Monday.

  • April 15, 2024

    BowFlex's $37.5M Ch. 11 Asset Sale Gets Green Light

    A New Jersey bankruptcy judge on Monday approved fitness equipment maker BowFlex Inc.'s sale of assets to its stalking-horse bidder after canceling an auction, saying the company was accepting a fair offer.

  • April 15, 2024

    Loeb & Loeb Bankruptcy Leader Joins Lowenstein Sandler

    Lowenstein Sandler LLP announced Monday that the deputy chair of Loeb & Loeb LLP's bankruptcy and restructuring practice has joined its New York office as a partner.

  • April 12, 2024

    Bridal Designer Seeks Conversion Of JLM Couture To Ch. 7

    A bridal dress designer engaged in litigation with bankrupt dressmaker JLM Couture asked a Delaware court Friday to convert the company's insolvency case to a Chapter 7 liquidation, saying the costs of that ongoing litigation will drain estate resources to the point it won't be able to pay for the bankruptcy case.

  • April 12, 2024

    Kevin Carey, Bankruptcy Bench 'Legend,' Dies At 69

    Former U.S. Bankruptcy Judge Kevin Carey, who served on the Delaware bench for 14 years and was hailed as a "legend in the bankruptcy world," died Thursday at the age of 69.

  • April 11, 2024

    Canadian Trucking Co. Needs More Time For US DIP Approval

    At a hearing Thursday in Delaware bankruptcy court, Canadian trucking company Pride Group was unable to reach an agreement on provisional approval of its debtor-in-possession facility that received the go-ahead in Canadian court, as the U.S. Trustee warned of the expanding scope of Chapter 15 provisional relief hearings.

  • April 11, 2024

    Dallas Developers Must Each Pay Bond In $400M Foreclosure

    A Texas appeals court on Thursday ordered developers to cough up more money as they appeal a ruling in a roughly $400 million foreclosure case involving an upscale residential tower in Dallas, saying that each of the debtors needed to file a bond as the case works its way through appeals.

  • April 11, 2024

    Nogin Can Get Another $3M In Ch. 11 Cash To Get Plan Done

    E-commerce company Nogin Inc. received permission Thursday from a Delaware bankruptcy court to draw another $3 million in Chapter 11 financing as it continues working toward implementing its court-approved restructuring plan.

  • April 11, 2024

    Jury Frees Urban Outfitters From Trade Secrets Suit

    Urban Outfitters on Thursday beat back a lawsuit from a bankrupt online fashion rental company claiming the retailer stole its proprietary information to set up a competing business, with a Philadelphia federal jury finding that the clothing chain did not misappropriate trade secrets.

  • April 10, 2024

    Bankrupt Breast Implant Co. Gets OK For $50.5M Asset Sales

    A Delaware bankruptcy judge said at a hearing Wednesday she would approve two sales of Sientra Inc.'s assets for a combined $50.5 million after the breast implant maker included several reservations of the rights of various businesses holding contracts with the debtor.

  • April 10, 2024

    Q&A With Former Delaware Bankruptcy Judge Carey - Part II

    Former U.S. Bankruptcy Judge Kevin Carey, now senior counsel at Hogan Lovells, recently sat down with Law360 to discuss his time on the bench and his thoughts on issues facing the bankruptcy bar today. In part two, he discusses the "leap" in attorneys' fees, nonconsensual third-party releases and when an attorney should consider taking the bench in their career.

  • April 10, 2024

    6th Circ. Says Firm Owes Insurer Part Of Defense Bill

    A financial advisory firm's professional liability insurer had no duty to defend the company in underlying securities suits after underlying plaintiffs removed their common law violations, the Sixth Circuit ruled, further allowing the insurer to be reimbursed for some of its defense costs.

  • April 10, 2024

    Diamond Biz Says PE Firm Had 'No Intention' Of Paying Fees

    A Canadian diamond polisher is suing the private equity owner of a lab-grown diamond company in Michigan federal court, arguing that Huron Capital Partners promised to help fund new facilities to process the diamonds it was sending despite knowing the company was heading for bankruptcy and would be unable to pay the fees.

  • April 10, 2024

    Major Lindsey Wins Bid To Have Sex Assault Suit Arbitrated

    A former Major Lindsey & Africa LLC employee's sexual assault lawsuit against the legal recruiting giant must go to arbitration, a New York state judge has decided.

  • April 10, 2024

    Biden's Student Loan Relief Plan Is Unlawful, States Say

    A coalition of states have sued the Biden administration over a student loan forgiveness program that's set to kick in this summer, alleging in a Missouri federal lawsuit that the plan sidesteps statutory authority and will unduly cost taxpayers nearly $500 billion.

  • April 09, 2024

    Quinn Emanuel, Davidoff Hutcher Sued Over Mansion Sale

    The trustee for a bankrupt entity once owned by HFZ Capital Group has sued Quinn Emanuel Urquhart & Sullivan LLP and Davidoff Hutcher & Citron, seeking to claw back up to $2 million the firms allegedly fraudulently received from a $45 million Hamptons mansion sale linked to developer Nir Meir.

  • April 09, 2024

    'No Merit' To Talent Co.'s Bid To DQ Execs' Attys, Judge Says

    A California state judge on Tuesday told attorneys for A3 Artists Agency and its chair, Adam Bold, that their allegation of a conflict of interest "has no merit" and that she tentatively would deny their motion to disqualify opposing counsel representing executives suing Bold and the agency for breach of contract.

Expert Analysis

  • Cannabis Ruling Lights Path For Bankruptcy Protection

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    A recent Massachusetts bankruptcy appellate court ruling in Blumsack v. Harrington leaves the door open for those employed in the cannabis industry to seek bankruptcy relief where certain conditions are met, but rescheduling marijuana as a Schedule III drug may complicate matters, say Jane Haviland and Kathryn Droumbakis at Mintz.

  • What Bankruptcy Deadline Appeal May Mean For Claimants

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    If the Third Circuit reverses a recent appeal made in In re: Promise Healthcare, litigation claimants within the circuit will not be able to rely on the proof of claim process to preserve the claim — but if the court affirms, the U.S. Supreme Court may need to step in to resolve the circuit split on this issue, say attorneys at DLA Piper.

  • Conn. Bankruptcy Ruling Furthers Limitation Extension Split

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    A recent Connecticut bankruptcy court decision further solidifies a split of authority on whether Bankruptcy Rule 9006(b) may be used to extend the limitations period, meaning practitioners seeking to extend should serve the motion on all applicable parties and, where possible, rely on the doctrine of equitable tolling, says Shane Ramsey at Nelson Mullins.

  • A 5th Circ. Lesson On Preserving Indemnification Rights

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    The Fifth Circuit's recent decision in Raymond James & Associates v. Jalbert offers an important lesson for creditors and parties to indemnification agreements: If a debtor has indemnified a creditor, the creditor should consider participating in the bankruptcy case to avoid being deemed to have forfeited its indemnification rights, say Dania Slim and Alana Lyman at Pillsbury.

  • Spartan Arbitration Tactics Against Well-Funded Opponents

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    Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.

  • Del. Ruling Shows Tension Between 363 Sale And Labor Law

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    The Delaware federal court's ruling in the Braeburn Alloy Steel case highlights the often overlooked collision between an unstayed order authorizing an asset sale free and clear of successor liability under Section 363 of the Bankruptcy Code and federal labor law imposing successor liability on the buyer, say attorneys at Proskauer.

  • How Clients May Use AI To Monitor Attorneys

    Excerpt from Practical Guidance
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    Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.

  • Del. Insurance Co. Liquidation Reveals Recovery Strategies

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    Arrowood's recent liquidation in the Delaware Chancery Court offers a positive development for policyholders and claimants, providing access to guaranty association protections amid the company's demise, say Timothy Law and Ann Kramer at Reed Smith.

  • The Pop Culture Docket: Judge D'Emic On Moby Grape

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    The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.

  • Navigating Asset Tracing Challenges In Bankruptcy

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    A Virginia court’s recent ruling in Health Diagnostic Laboratory Inc.'s bankruptcy highlights the heightened demand for asset tracing and the strategic use of the lowest intermediate balance rule in recovering funds from commingled accounts, says Daniel Lowenthal at Patterson Belknap.

  • Lender Agreements And Unitranche Facilities: A Fresh Look

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    Unitranche facilities — which offer blended interest rates in a single loan document — are gaining prevalence, and lenders and borrowers should understand their advantages, as well as concerns over the enforceability of a unitranche-style agreement among lenders in bankruptcy, say attorneys at Mayer Brown.

  • What Banks Should Know About FDIC Assessment Rule

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    Max Bonici at Venable answers questions banking organizations may have about the Federal Deposit Insurance Corp.'s recent approval of a rule implementing a special assessment on banks to recoup costs associated with protecting uninsured depositors after the bank failures earlier this year, and highlights other considerations for uninsured deposits.

  • Performing Music Makes Me A Better Lawyer

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    The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.