Mid Cap

  • May 31, 2024

    Meet The Attorneys Guiding Grocery Co. Takeoff's Ch. 11

    A team of attorneys from Young Conaway Stargatt & Taylor LLP and Sheppard Mullin Richter & Hampton LLP is guiding grocery automation system maker Takeoff Technologies through its Chapter 11 case in Delaware.

  • May 31, 2024

    NY Appeals Court Backs Trimming Of 50 Cent Liquor Spat

    A New York appeals court has said a lower court rightly dismissed some components of a suit brought by a fine liquors company owned by rapper 50 Cent, allowing Jim Beam and its parent company to escape the rapper's claims they aided a fraud and rejecting his request for punitive damages and attorney fees.

  • May 31, 2024

    IRS Can Seek Tax Beyond Bankruptcy Deal, 11th Circ. Affirms

    A deal between the IRS and an Alabama real estate developer to settle his tax debt for $2 million during Chapter 11 bankruptcy proceedings wasn't final, and the agency can demand additional taxes from him, the Eleventh Circuit affirmed Friday.

  • May 31, 2024

    Lindell No-Shows Amid Solvency Concerns In Sanctions Fight

    Attorneys for My Pillow CEO Mike Lindell were nowhere to be found Friday as a D.C. federal judge mulled how much they should pay in sanctions for counterclaims in election company Dominion's ongoing libel suit, saying he'd likely set an amount in the coming weeks.

  • May 31, 2024

    Spencer Fane Adds Minneapolis Bankruptcy Partner

    Spencer Fane LLP has added a bankruptcy partner from Stinson LLP to its Minneapolis office.

  • May 31, 2024

    Fight Between Trustee, Law Firm May Mean Less For Creditors

    In the bankruptcy of collapsed California debt relief law firm Litigation Practice Group, a new law firm confirmed this week that it's not making payments to the bankruptcy estate, a situation that may limit a bankruptcy trustee's ability to make payments to creditors across the country.

  • May 31, 2024

    DMK Pharma Says Contaminated Injectors Led To Ch. 11 Filing

    Drugmaker DMK Pharmaceuticals Corp. has filed an adversary complaint in Delaware bankruptcy court, saying its epinephrine-injector supplier failed to maintain contaminant-free manufacturing facilities sold to the debtor, which caused one of them to be shut down by federal regulators and ultimately led the company to file for Chapter 11 protection.

  • May 31, 2024

    Disbarring Giuliani Would 'Protect The Public,' DC Panel Says

    A Washington, D.C., attorney ethics panel agreed Friday that Rudy Giuliani's role in former President Donald Trump's attempt to overturn Pennsylvania's presidential election in 2020 amounted to misconduct "of the utmost seriousness," and that disbarring him would "protect the public, the courts, and the integrity of the legal profession."

  • May 30, 2024

    Weiss Fund Survives Motion To Convert To Ch. 7

    A New York judge shot down a bid by two financial firms, Jefferies and Leucadia, to convert the Chapter 11 case of Weiss Multi-Strategy Advisers LLC to Chapter 7, saying that it is premature to determine several components of the issue.

  • May 30, 2024

    Careismatic Gets OK For Ch. 11 Plan With Debt Equity Swap

    A New Jersey bankruptcy judge said Thursday he would confirm medical scrubs distributor Careismatic Brands LLC's Chapter 11 plan, which includes a debt-equity swap aimed at wiping out all $782 million of the debtor's secured debt after no buyers for the debtor's assets materialized.

  • May 30, 2024

    Cue Health Spiraled Into Ch. 7 After FDA Nixed COVID Tests

    Medical-test maker Cue Health's promise of "lab-quality" COVID-19 tests fell apart after federal regulators rang the alarm that its tests were less reliable than advertised, leading the company to file for Chapter 7 liquidation in Delaware bankruptcy court. 

  • May 30, 2024

    Grocery Automation Biz Files Ch. 11 With $13M In Debt

    E-grocery automation system maker Takeoff Technologies filed for Chapter 11 protection Thursday in Delaware bankruptcy court with nearly $13 million in debt, saying that, after eight years in business, it had been unable to generate the cash flow it needed to turn a profit.

  • May 30, 2024

    Creditors, Watchdog Denied Estate Trustee In Eletson Ch. 11

    Shipping company Eletson will retain control of its contentious reorganization after a New York bankruptcy judge shot down requests to name a Chapter 11 trustee and said that those vying for such an appointment hadn't met the high bar required for the court to grant it.

  • May 30, 2024

    Family-Owned PE Firm Wins Ch. 11 Bid To Buy Ill. Dairy Co.

    Oberweis Dairy, an ice cream and dairy producer in Illinois, picked a family-owned private equity firm based in Florida as the prevailing bidder for its assets during a Chapter 11 auction, beating the $20 million stalking-horse bid the debtor received in April. 

  • May 29, 2024

    Why Giuliani's Creditors Say He Can't Run His Own Ch. 11

    The official committee of unsecured creditors in Rudy Giuliani's Chapter 11 has asked a New York bankruptcy judge to hand control of the Republican firebrand's estate to a trustee, bringing to a head months of creditor allegations that Giuliani has been skipping out on his bankruptcy obligations.

  • May 29, 2024

    Bankrupt EV Charger Co. Execs Hid Liquidity Woes, Suit Says

    Three current and former executives of bankrupt electric-vehicle charging infrastructure company Charge Enterprises Inc. face an investor's proposed class action claiming the executives concealed a liquidity crisis involving the company's founder and his investment advisory firm that allegedly precipitated Charge's bankruptcy.

  • May 29, 2024

    Honeywell Ends Suit Over $8.75M Bond For Army Base Work

    A Pennsylvania federal court has approved a request from Honeywell International Inc. to drop its lawsuit over an $8.75 million performance bond whose issuer allegedly balked at paying to replace a bankrupt subcontractor for a long-delayed job at the Tobyhanna Army Depot.

  • May 29, 2024

    Drug Co. Eiger Can Probe Lender On Foiled PIPE Deal Fallout

    Eiger BioPharmaceuticals received a Texas bankruptcy judge's approval Wednesday to collect documents from lender Innovatus Life Sciences tied to what the rare-disease drugmaker called Innovatus's decision to "manufacture" a default under a credit agreement, a move that allegedly blew up a potential financing deal and precipitated Eiger's Chapter 11 filing.

  • May 29, 2024

    Red Lobster's Potential Buyer Has Fished In This Pond Before

    When Red Lobster hit bankruptcy last week with plans for an asset sale, it brought with it a $275 million stalking horse bid from a private equity firm that is perfectly positioned to repeat a move it has made before: buying struggling restaurant chains out of insolvency and taking over operations.

  • May 29, 2024

    Tremont Chicago Hotel Reaches Agreement With Lender

    A defunct hotel near Chicago's commercial center has reached an agreement with its senior secured creditor, resolving its request to dismiss the case or lift the Chapter 11 automatic stay while reserving the right to revisit the stay under some circumstances.

  • May 29, 2024

    Archdiocese Seeks NY High Court Clarity In Abuse Row

    The Archdiocese of New York asked a state appeals court for leave to appeal to the state's highest court to clarify the proper pleading standards in a coverage dispute brought by Chubb over sexual abuse claims, arguing Chubb's "collective pleading strategy" is inconsistent with state precedent.

  • May 29, 2024

    Non-Atty Advice To Debtors Is Unprotected, 2nd Circ. Told

    New York urged the Second Circuit on Wednesday to find that stopping a nonprofit focused on bankruptcy education and the South Bronx pastor it's working with from advising low-income debtors represents a content-neutral regulation on who can practice law that does not violate the First Amendment.

  • May 29, 2024

    Pa. Seeks New Bankruptcy Judge As Vacancies Increase

    Two vacancies and a third open seat coming at the end of July in the U.S. Bankruptcy Court for the Eastern District of Pennsylvania has led the Third Circuit to announce this week it is accepting applications to fill the court's bench.

  • May 29, 2024

    Weinstein Could Face Added Assault Charges In Retrial

    New York prosecutors planning to retry Harvey Weinstein this fall after his rape conviction was overturned said Wednesday they may file an expanded indictment after hearing from new sexual assault claimants.

  • May 28, 2024

    $10M Policy Excludes Tobacco Group's Suit, Court Told

    An insurer told a North Carolina federal court Tuesday that it doesn't owe coverage to a tobacco growers' cooperative saddled with paying out a $100 million settlement for farmers, arguing that its $10 million policy excludes contract claims.

Expert Analysis

  • 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.

  • Sellers Seeking Best Deal Should Focus On Terms And Price

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    Rising interest rates and a decline in the automotive mergers and acquisitions market mean that a failed deal carries greater stakes, and sellers therefore should pursue not only the optimum price but also the optimum terms to safeguard their agreement, says Joseph Aboyoun at Fox Rothschild.

  • General Counsel Need Data Literacy To Keep Up With AI

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    With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.

  • Rite Aid's Reasons For Ch. 11 Go Beyond Opioid Suits

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    Despite opioid-related lawsuits being the perceived reason that pushed Rite Aid into bankruptcy, the company's recent Chapter 11 filing reveals its tenuous position in the pharmaceutical retail market, and only time will tell whether bankruptcy will right-size the company, says Daniel Gielchinsky at DGIM Law.

  • Navigating Discovery Of Generative AI Information

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    As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.

  • Finding Focus: Strategies For Attorneys With ADHD

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    Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.

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