Mid Cap

  • May 28, 2024

    Hawaii Warns Telecom Co.'s Loan Woes Will Affect Consumers

    The Department of Hawaiian Home Lands is warning customers who live in the home lands and use Sandwich Isles Communications for phone and internet service that they need to switch companies immediately or risk losing service, but Sandwich Isles is blaming the state agency for the issue.

  • May 28, 2024

    Applesauce Maker Files Ch. 7 Facing Lead Recall Lawsuits

    WanaBana LLC, which makes fruit purées, snacks and teas, has filed for Chapter 7 bankruptcy in Delaware as it fights litigation over recalled cinnamon applesauce pouches the FDA has connected to 90 confirmed cases of illness.

  • May 28, 2024

    FTX Attys Cleared, Alex Jones' Reckoning, Modell's Deal

    A report found that FTX counsel Sullivan & Cromwell was not involved in the pre-bankruptcy fraud at the cryptocurrency exchange, Alex Jones and his InfoWars podcast business are facing a June 15 deadline for progress in their Chapter 11 cases, and a former bankruptcy judge was accused of trying to force a false narrative tied to his romantic relationship with an attorney.

  • May 28, 2024

    Medical Test Maker To Liquidate After FDA Slams COVID Kits

    Medical test maker Cue Health filed for Chapter 7 liquidation in Delaware bankruptcy court Tuesday with more than $50 million in debt, two weeks after federal regulators warned customers to throw out its COVID-19 tests due to a higher risk of false results.

  • May 28, 2024

    UV Air Purifier Co. Hits Ch. 11 After Post-COVID Sales Slump

    The holding company of several ultraviolet-related air purifying companies has hit Chapter 11 in New York, saying it needs to reorganize after its subsidiaries stopped making money following an initial COVID-19-related boom.

  • May 28, 2024

    Ex-Partners Oppose Dismissal Of Bankruptcy Firm's Ch. 11

    Two ex-partners of bankrupt Minnesota consumer bankruptcy firm LifeBack Law Firm have restated their request that a Minnesota bankruptcy judge wrest control of the firm from its "disruptive" current controlling partner rather than grant the dismissal requested by the U.S. Trustee's Office.

  • May 28, 2024

    Legal Lenders Can't Avoid Hurricane Ads Suit, Plaintiff Argues

    Funding companies that lent $20 million to a Texas law firm accused of using it to deceptively solicit hurricane victims can't escape liability by claiming they didn't know how attorneys were using the money or "simply because they don't have offices in the state," according to a Louisiana woman at the forefront of a putative class action.

  • May 24, 2024

    UrgentPoint Can Use Lender Cash Despite Pushback

    Holistic healthcare provider UrgentPoint got approval in Delaware bankruptcy court Friday to use its lenders' cash collateral in its Chapter 11 case, after facing questions from the U.S. Trustee's Office and the judge presiding over the case about its prior obligations to merchant cash advance lenders.

  • May 24, 2024

    Biden's Judicial Impact And What's Left On The Wish List

    President Joe Biden secured confirmation of his 200th federal judge Wednesday and has transformed the judiciary by picking more women and people of color than any other president. But the upcoming election season could derail his hopes of confirming many more judges.

  • May 24, 2024

    Off The Bench: NCAA Settles House NIL Class Action

    In this week’s Off the Bench, the NCAA settles its court dispute with hundreds of thousands of athletes over name, image and likeness compensation, NFL rookie Marvin Harrison Jr. is taken to court over an endorsement contract, and former Super Bowl champion Antonio Brown’s post-career life is burdened further by bankruptcy. If you were sidelined this week, Law360 is here to catch you up on the sports and betting stories that had our readers talking.

  • May 24, 2024

    Wage Class Action Overlooked At Bankrupt Moving App Lugg

    The co-founder of online moving service Lugg Inc. failed to alert the company to lawsuits including a proposed class action alleging the startup underpaid workers in California, an oversight that led to legal penalties and a Chapter 11 bankruptcy filing by the Y Combinator-backed venture last week.

  • May 24, 2024

    Weinstein Atty Trying To Chill Retrial Testimony, DA Says

    The Manhattan District Attorney's Office has argued that a lawyer for Harvey Weinstein violated ethics rules by publicly accusing one of the movie mogul's alleged rape victims of perjury in an "obvious" attempt to dissuade her from testifying again at an upcoming retrial.

  • May 24, 2024

    Biden Urges 1st Circ. To Find Debt Cap Challenge Moot

    The Biden administration asked the First Circuit to affirm a finding that a government workers' union lacks standing to challenge the debt ceiling's constitutionality and that its case was further rendered moot by passage of a deal to suspend the spending limit until January.

  • May 23, 2024

    Shoes For Crews Gets OK For $290M Credit Bid Sale

    A Delaware bankruptcy judge said at a hearing Thursday that she would approve a $290 million credit bid sale of Shoes For Crews to its first-lien lenders after no other bidders emerged for the nonslip shoes retailer.

  • May 23, 2024

    Who's Who On The NJ Bankruptcy Bench, Part 2

    Chief U.S. District Judge Renée Marie Bumb said last week that New Jersey saw the second-most Chapter 11 bankruptcy filings in the nation over the last year — up from sixth the year before — with 16% growth in overall filings and a 133% increase in Chapter 11 filings.

  • May 23, 2024

    Modells Reaches $22.7M Ch. 11 Settlement With Ex-CEO

    Modell's Sporting Goods' liquidation trust reached a $22.7 million settlement with the company's former CEO Mitchell Modell and several family-owned, real estate-owning affiliates, which would resolve the trust's claims in years-long adversary proceedings against the company's executives.

  • May 23, 2024

    Meet The Attorneys In Red Lobster's Ch. 11

    A team of lawyers from King & Spalding LLP and Berger Singerman LLP are representing seafood restaurant chain Red Lobster in its Florida Chapter 11 case.

  • May 23, 2024

    Ex-Judge Pushed False Narrative On Atty Romance, Firm Says

    U.S. Bankruptcy Judge David R. Jones of Texas, who resigned last year after his secret relationship with a Jackson Walker LLP partner was revealed, attempted to head off rumors about the relationship by asking the firm to file a false, partial disclosure in 2022, the firm alleged.

  • May 23, 2024

    Houston Law Firm Wants To DQ Creditors' Counsel In Ch. 11

    Troubled MMA Law Firm PLLC is seeking to stop another firm from representing its bankruptcy creditors, arguing that MMA's principal had previously spoken with the other firm as a prospective client and had shared confidential information that now could be used against his firm.

  • May 23, 2024

    DC Judge Bars Giuliani From Defaming Ga. Poll Workers

    A D.C. federal judge has entered an injunction barring Rudy Giuliani from repeating lies that two Georgia poll workers meddled with the 2020 presidential election, resolving a second lawsuit the election workers launched after securing a $146 million judgment against the former New York City mayor.

  • May 23, 2024

    Jackson Lewis Questions Role In Wage Suit After Ch. 11

    Jackson Lewis PC attorneys were unsure if they were able to keep representing more than a dozen Pennsylvania nursing homes as an unpaid-wage case approaches a critical deadline, telling a federal court during a conference Thursday that the Bankruptcy Code suspended their service to a group of defendants who filed for Chapter 11 bankruptcy earlier in May.

  • May 23, 2024

    Alex Jones Atty Escapes Suspension, For Now

    The Connecticut Appellate Court on Thursday threw out the six-month suspension of Norm Pattis, the lead attorney in Infowars host Alex Jones' Sandy Hook Elementary School defamation trial, ordering new proceedings against the attorney for supervising the transmission of the victims' confidential records to other Jones lawyers.

  • May 22, 2024

    EB-5 Investors Say Developers' $150K Shouldn't Go To Attys

    Chinese investors looking to recoup a nearly $40 million investment in failed developments urged an Illinois federal court against allowing bankrupt developers to use $150,000 in assets to pay the developers' attorneys, saying the lawyers shouldn't be paid before the investors.

  • May 22, 2024

    Who's Who On The NJ Bankruptcy Bench, Part 1

    New Jersey saw the second-most Chapter 11 bankruptcy filings in the nation over the last year. Here, Law360 takes a look at the judges leading the increasingly busy bankruptcy court, starting with those sitting in Trenton and Camden.

  • May 22, 2024

    Cleaning Products Maker Supply Source Files For Ch. 11

    Cleaning products company Supply Source Enterprises has told a Delaware bankruptcy court that it is seeking a sale in Chapter 11 to deal with $180 million in debt after overestimating the post-pandemic market for cleaning products.

Expert Analysis

  • A Look At DOJ's New Nationwide Investment Fraud Approach

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    Investment fraud charges are increasingly being brought in unlikely venues across the country, and the rationale behind the U.S. Department of Justice's approach could well be the heightened legal standards in connection with prosecuting investment fraud, says Jonathan Porter at Husch Blackwell.

  • Decoding The Digital Asset Landscape In Bankruptcy

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    Recent cases show the explosion of cryptocurrency as an asset class has created new challenges for debtors-in-possession, bankruptcy trustees, and federal and state receivers, and fiduciaries will have to consider a number of legal and practical considerations when determining how to manage these assets in insolvency, say David Castleman at Otterbourg and Anthony Facciano at Stretto.

  • How Fla. Bankruptcy Ruling May Affect Equity Owners

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    A Florida bankruptcy court’s recent ruling in Vital Pharmaceuticals — which rejected the Third Circuit’s Majestic Star decision that determined a bankrupt corporation’s flow-through status was not protected by the automatic stay — may significantly affect how equity owners can mitigate the impact of flow-through structures in bankruptcy, say Eric Behl-Remijan and Natasha Hwangpo at Ropes & Gray.

  • Calif. Ruling May Open Bankruptcy Trustees To Tort Liability

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    In Martin v. Gladstone, a recent California appellate court decision, the application of tort concepts to bankruptcy trustees could pose a new concern for trustees and federal receivers when controlling and maintaining commercial property, says Jarrett Osborne-Revis at Buchalter.

  • Co. Directors Must Beware Dangers Of Reverse Factoring

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    New accounting requirements governing the disclosure of so-called reverse-factoring programs have revealed billions of dollars worth of hidden liabilities on companies’ ledgers, and directors of corporate boards should review their companies’ books for this hidden danger, say Garland Kelley at Looper Goodwine, Amin Al-Sarraf at Locke Lord and Jill Basinger at Discovery Land.

  • Attorneys, Law Schools Must Adapt To New Era Of Evidence

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    Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.

  • Why 7th Circ. Libel Ruling Is Crucial For The Media

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    As more defamation plaintiffs attorneys argue that allowing a published statement to remain online after additional evidence of falsity emerges equates to actual malice, the Seventh Circuit's recent National Police Association v. Gannett opinion should be lauded by the media and online publishers as a favorable decision, say attorneys at Vedder Price.

  • Tips For Litigating Against Pro Se Parties In Complex Disputes

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    Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.

  • 3 Cases Show Tensions Between Arbitration And Insolvency

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    The intersection of international arbitration and insolvency may influence the formulation of litigation strategy on a global scale, and several recent cases illustrate the need for counsel to understand how courts are varying in their approaches, say attorneys at Skadden.

  • Air Ambulance Ch. 11s Show Dispute Program Must Resume

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    Air Methods’ recent bankruptcy filing highlights the urgent need to reopen the No Surprises Act’s independent dispute resolution program for air ambulances, whose shutdown benefits insurance companies and hurts providers, says Adam Schramek at Norton Rose.

  • Pro Bono Work Is Powerful Self-Help For Attorneys

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    Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.

  • Why Delaware ABCs Are No Longer As Easy As 1-2-3

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    In light of the Court of Chancery's recent focus on additional disclosures, the assignment for the benefit of creditors process in Delaware may no longer be as efficient as it once was, and companies should be prepared to provide significantly more information leading up to an ABC, say attorneys at Goodwin.

  • Diamond Sports Cases Shed Light On Executory Contracts

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    Recent Texas bankruptcy cases involving telecast fees payable by Diamond Sports to certain Major League Baseball teams provide a window into the dynamic relationship that can develop between debtors and counterparties under some executory contracts, say Joseph Badtke-Berkow and Robin Spigel at Allen & Overy.

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