Mid Cap

  • July 22, 2024

    Purdue Release Ruling May Spur Creative Ch. 11 Workarounds

    With nonconsensual third-party releases off the table following the U.S. Supreme Court's June decision in the Purdue Pharma bankruptcy, restructuring attorneys are looking at a variety of ways to work around the restriction, from more aggressive assertion of derivative claims to Chapter 15 filings with third-party releases.

  • July 22, 2024

    Bankrupt Nursing Homes To Pay $36M To End DOL Wage Suit

    More than a dozen bankrupt nursing homes will have to pay nearly $36 million in a U.S. Department of Labor's suit claiming workers weren't paid full wages after creating "an adversarial" payroll structure, a Pennsylvania federal judge ruled Monday.

  • July 22, 2024

    Watchdog Says Pioneer Health Trustee Can't File Plan

    The Office of the U.S. Trustee objected to a proposal to strip debtor Pioneer Health Systems LLC of control over its Chapter 11 case, saying the Subchapter V trustee that would take over is unable to file a plan of reorganization due to limitations in the Bankruptcy Code.

  • July 22, 2024

    Clothing Co. Delta Seeks Ch. 11 Consulting Fees For Ex-Execs

    Clothing manufacturer Delta Apparel and its affiliates asked for a Delaware bankruptcy court's permission to pay three former executives, who resigned as the company headed toward insolvency, as consultants so they can help the debtors market their assets, including beachwear brand Salt Life, for sale.

  • July 22, 2024

    US Trustee Asks To Make UrgentPoint's Ch. 11 A Liquidation

    The U.S. Trustee's Office requested that a Delaware bankruptcy judge convert healthcare provider UrgentPoint's Chapter 11 case to a Chapter 7 liquidation, saying the debtor is or shortly will be unable to meet its administrative obligations and put its ability to care for patients at risk.

  • July 22, 2024

    Airspan Needs $5M DIP Add Amid Ch. 11 Regulatory Delays

    Telecommunications company Airspan Networks has asked a Delaware bankruptcy court for permission to borrow an additional $5 million in debtor-in-possession financing to support the business as it waits for regulatory approval in the United Kingdom of its confirmed restructuring plan.

  • July 22, 2024

    Mercon Coffee Can't Grant Insider Releases, Judge Rules

    A New York bankruptcy judge has ruled that coffee supplier Mercon Coffee Group can't reward corporate insiders who stuck with the company through its Chapter 11 case with a release from future litigation.

  • July 19, 2024

    Real Estate Recap: CMBS, Phoenix Evictions, Summer Break?

    Catch up on this past week's key developments by state from Law360 Real Estate Authority — including trends in multifamily commercial mortgage-backed securities, a study of corporate landlord evictions in Phoenix, and the creative lengths real estate lawyers go to when closing the deal on a summer vacation.

  • July 19, 2024

    Tender Greens And Tocaya Get Interim OK For Ch. 11 Loan

    One Table Restaurant Brands LLC, the Los Angeles-based casual restaurant chain that operates Tender Greens and Mexican eatery Tocaya, received interim approval Friday to access $1.7 million of a $3 million debtor-in-possession facility from a prepetition lender that also may submit a stalking-horse credit bid for the company.

  • July 19, 2024

    Coach USA Reaches Deal On DIP Loan, Ch. 11 Sale Process

    Bankrupt bus transportation company Coach USA told a Delaware judge Friday that it had reached agreement with its lenders, unsecured creditors and a stalking horse bidder that allowed the company to finalize a $200 million debtor-in-possession loan and move forward with a sale process for its key business segments.

  • July 19, 2024

    Ex-Pharma Sales Exec Denies Fake Prescription Scheme

    The former vice president of sales for pharmaceutical company U.S. Compounding Inc. pled not guilty in Manhattan federal court Friday to forging fake horse drug prescriptions in order to juice revenues.

  • July 19, 2024

    Judge Will OK Biotech Co.'s Final DIP Loan

    A Delaware bankruptcy judge said Friday she would grant Solar Biotech permission to borrow a final $2.3 million debtor-in-possession loan in its Chapter 11 case, under terms worked out through additional negotiations, once the debtor submits a new proposed order with some tweaks.

  • July 19, 2024

    Dentons Hires Foley & Lardner Bankruptcy Partner

    Dentons said Friday it has hired a bankruptcy partner in Chicago who spent the past 25 years at Foley & Lardner LLP.

  • July 19, 2024

    Jury Finds Gibson The Rightful Owner Of Liberace Piano

    A Boston federal jury on Friday affirmed Gibson Guitars' right to have Liberace's bedazzled 9-foot-long grand piano returned to it from a Massachusetts piano store to which it loaned the entertainer's iconic instrument more than a decade ago.

  • July 19, 2024

    Staveley Drops Fight Over £3.4M Payment In Loan Dispute

    A London judge ended Newcastle United co-owner Amanda Staveley's legal battle over a debt to a Greek shipping magnate after her lawyers said Friday that she had made the over £3.4 million ($4.4 million) payment she had been expected to challenge.

  • July 19, 2024

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen a libel clash between comedian Paul Currie and the Soho Theatre Company over allegations of anti-semitism, technology giant Huawei face a patents claim by Mediatek, Westfield Europe pursue action against Clearpay Finance for contract breaches and tour operating company Carnival hit chartered airline Maleth Aero for significant flight delays. Here, Law360 looks at these and other new claims in the U.K.

  • July 18, 2024

    8th Circ. Blocks Another Biden Student Debt Relief Plan

    The Eighth Circuit has blocked the Biden administration from implementing another plan for student loan forgiveness while the appellate court considers a Missouri-led state alliance's injunction request, according to an order entered Thursday.

  • July 18, 2024

    5th Circ. Lifts Civil Rights Suit Stay In La. Diocese Case

    The Fifth Circuit Court of Appeals reversed a Louisiana bankruptcy court's decision applying the automatic stay of litigation to a group of children suing the bankrupt Archdiocese of New Orleans, saying the lawsuit arises from purely post-petition conduct and seeks only prospective injunctive relief.

  • July 18, 2024

    Atty Says Golf Malpractice Row Already Ran Its Course

    An attorney seeking summary judgment in a legal malpractice suit told a New York federal judge that, five years and three courts later, the owners of the Foothills Club West Golf Court have still failed to produce evidence to support their allegations.

  • July 18, 2024

    Red Lobster Angles To Keep More Than 100 Leases In Ch. 11

    Red Lobster's well-known Times Square location in New York City is off the chopping block of potential closures, for now, along with 112 other outposts of the casual dining seafood chain, after the troubled company said during a bankruptcy court hearing Thursday it is negotiating new agreements with landlords.

  • July 18, 2024

    New SDNY Bankruptcy Judge Brings Big-Case Experience

    The Southern District of New York's newest bankruptcy judge comes to the bench with experience working on some of the largest financial bankruptcy cases of the last 20 years and with the difficulties of keeping the district's courts running through a pandemic.

  • July 18, 2024

    Girardi Denied Bid To Delay Client Theft Trial To October

    A California federal judge rejected disgraced lawyer Tom Girardi's motion to have his closely watched wire fraud trial moved to October from its current August start date, determining that he was unable to provide a genuine reason as to why proceedings should be pushed back two months.

  • July 18, 2024

    Pool Co. Wants To Dig Into Rival's Alter Egos For $16M Verdict

    Pool supply company Hayward Industries Inc. is looking to force responses from the alter egos of bankrupt rival Blueworks Corp. regarding their assets, bank accounts and property so that Hayward can collect on its $16 million false advertising and unfair business practices judgment.

  • July 18, 2024

    UpHealth Pitches Ch. 11 Sale Of Behavioral Health Sub

    UpHealth Holdings Inc. has asked a Delaware bankruptcy judge to approve proposed bidding procedures governing the sale of the debtor's equity in non-debtor subsidiary TTC Healthcare, a behavioral health company that offers drug detoxification treatments and other services, saying the sale will redound to the value of the estate.

  • July 18, 2024

    Tender Greens And Tocaya Hit Ch. 11 With Post-COVID Woes

    The Los Angeles-based casual restaurant chain that operates Tender Greens and Mexican eatery Tocaya, One Table Restaurant Brands LLC, filed for Chapter 11 bankruptcy Wednesday in Delaware bankruptcy court, with its CEO saying the COVID-19 pandemic was "catastrophic" to their business.

Expert Analysis

  • What FTX Case Taught Us About Digital Asset Recoverability

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    FTX's Chapter 11 plan has drawn lots of attention, but the focus should be on the anticipated outcome for investors, which counters several myths about digital currencies, innovation and recoverability, says Kyla Curley at StoneTurn.

  • A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates

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    Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.

  • Synapse Bankruptcy Has Ripple Effects For Fintech Industry

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    Synapse Financial Technologies’ recent bankruptcy filing marks a significant moment in the fintech industry's evolution, highlighting that stringent compliance and risk management in fintech partnerships are essential to mitigate risk and protect consumers, say Joann Needleman and Ryan Blumberg at Clark Hill.

  • Discount Window Reform Needed To Curb Modern Bank Runs

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    We learned during the spring 2023 failures that bank runs can happen extraordinarily fast in light of modern technology, especially when banks have a greater concentration of large deposits, demonstrating that the antiquated but effective discount window needs to be overhauled before the next crisis, says Cris Cicala at Stinson.

  • 2 Options For Sackler Family After High Court Purdue Ruling

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    After the U.S. Supreme Court recently blocked Purdue Pharma's plan to shield the family that owns the company from bankruptcy lawsuits, the Sacklers face the choice to either continue litigation, or return to the bargaining table for a settlement that doesn't eliminate creditor claims, says Gregory Germain at Syracuse University.

  • Revisiting Scalia's 'What's It To You?' After Kaiser Ruling

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    While the U.S. Supreme Court's recent decision in Truck Insurance Exchange v. Kaiser allows insurers to be considered "parties in interest" in Chapter 11 cases, they still need to show they would face an injury in fact, answering the late Justice Antonin Scalia's "what's it to you?" question, say Brent Weisenberg and Jeff Prol at Lowenstein Sandler.

  • Florida Banking Brief: All The Notable Legal Updates In Q2

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    The second quarter of 2024 brought two notable bills that will affect Florida's banking and finance community across many issues, including virtual currency abandonment, cancellation of financial services on the basis of political opinions, and the exemption amount of motor vehicles, say Joshua Prever and Andrew Balthazor at Holland & Knight.

  • How To Clean Up Your Generative AI-Produced Legal Drafts

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    As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.

  • Purdue Ch. 11 Ruling Reinforces Importance Of D&O Coverage

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    The U.S. Supreme Court's recent decision in Harrington v. Purdue Pharma, holding that a Chapter 11 reorganization cannot discharge claims against a nondebtor without affected claimants' consent, will open new litigation pathways surrounding corporate insolvency and increase the importance of robust directors and officers insurance, says Evan Bolla at Harris St. Laurent.

  • Atty Well-Being Efforts Ignore Root Causes Of The Problem

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    The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.

  • Parsing Justices' Toss Of Purdue's Controversial Ch. 11 Plan

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    The U.S. Supreme Court's recent nixing of OxyContin manufacturer Purdue Pharma's Chapter 11 proposal prevents the Sackler family from settling thousands of civil opioid lawsuits without the consent of all of the plaintiffs, and holds profound implications for bankruptcy cases, say attorneys at MoloLamken.

  • Del. Bankruptcy Ruling Will Give D&O Insureds Nightmares

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    In Henrich v. XL Specialty Insurance, the Delaware Bankruptcy Court recently found that a never-served qui tam claim had been "brought" before a D&O policy's retroactive date, thereby eliminating coverage, and creating a nightmare scenario for directors and officers policyholders facing whistleblower claims, says David Klein at Pillsbury.

  • No Matter The Purdue Ruling, Mass Tort Reform Is Needed

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    The U.S. Supreme Court will soon issue its opinion in the bankruptcy of Purdue Pharma LP, and regardless of the outcome, it’s clear legal and policy reforms are needed to address the next mass tort, says William Organek at Baruch College.