Mid Cap
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May 30, 2025
Titans Of The Plaintiffs Bar: Philippe & Jennifer Selendy
Philippe and Jennifer Selendy, who met as associates at Cravath Swaine & Moore LLP and married in 1997, each spent nearly three decades building distinguished legal careers. They now continue their partnership at Selendy Gay PLLC, founded in 2018, which has quickly grown into one of the nation's leading litigation firms, recovering more than $47 billion for their clients.
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May 30, 2025
IT Contractor's Retainer Deposit Enough To Keep Ch. 11 In NY
A New York bankruptcy judge ruled Friday that information technology contractor Sysorex Government Services Inc.'s retainer on deposit for its Chapter 11 counsel was enough to establish venue in New York, rejecting an attempt by the U.S. Trustee's Office to get the proceeding moved to another court.
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May 30, 2025
Ex-Tilton Portfolio Co. Files Ch. 7 With $88M Debt
Intrepid USA Inc., a home health and hospice service provider that was part of Lynn Tilton's turnaround empire, has filed for Chapter 7 liquidation in a Texas bankruptcy court with more than $88 million in debt, nearly all stemming from its 2024 sale.
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May 30, 2025
Judge Balks At Trimming Ex-GC's Bias Suit Before Arbitration
A New York federal judge rejected a recommendation to narrow and then send to arbitration a Black former general counsel's suit claiming she was fired from The Palm steakhouse chain out of race bias after her cancer diagnosis, saying the whole dispute needs to go to an arbitrator.
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May 30, 2025
3rd Circ. Preview: Tribal Immunity Limits On Deck For June
The Third Circuit's June argument lineup will find a finance company fighting a proposed class action over allegedly predatory payday loan fees because of its tribal ties, while a plumbing company argues that it does not have to arbitrate a union grievance.
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May 29, 2025
Real Estate CFO, Mogul's Daughter Dodge Two Trustee Claims
The chief financial officer of bankrupt construction services company Gateway Development Group Inc. and the daughter of the company's chair have escaped a Chapter 7 trustee's claims that they helped the chair breach his fiduciary duties, with a judge ruling the claims aren't recognized under Connecticut law.
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May 29, 2025
Under The Radar: Bankruptcy News You May Have Missed
A creditors committee objected to Party City's liquidator, Gordon Brothers, being classified as an estate professional entitled to funds in the retailer's bankruptcy. Blue Cross Blue Shield of Massachusetts challenged Steward Health Care's Chapter 11 liquidation plan, and the debtor proposed a revised plan featuring a settlement. And customer loyalty company Kognitiv moved to dismiss its Chapter 11 case, saying it has nothing left to sell.
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May 29, 2025
Montgomery McCracken Wins $680K Fees From Ch. 11 Client
A group of property development companies that Montgomery McCracken Walker & Rhoads LLP represented through years of bankruptcy reorganization still owe the firm $680,000, a Pennsylvania federal judge ruled Wednesday.
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May 29, 2025
Stevens & Lee Adds Montgomery McCracken Bankruptcy Atty
Stevens & Lee announced Thursday it has hired an attorney who formerly worked at Montgomery McCracken Walker & Rhoads LLP to bolster its bankruptcy and financial restructuring group in Delaware.
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May 29, 2025
South Korean Insurer Sues To Enforce $14M Judgment In NY
The Korea Deposit Insurance Corp. has urged a New York federal court to recognize and enforce a $14.4 million judgment it secured in South Korea against a man who defaulted on a bank loan.
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May 29, 2025
Burr & Forman Brings On McCarter & English Bankruptcy Atty
Burr & Forman LLP has added a bankruptcy attorney from McCarter & English LLP to its Wilmington, Delaware, office to advise clients in corporate reorganizations and litigation in Chapter 11 and Chapter 7.
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May 29, 2025
Fiber Developer Tilson Hits Ch. 11 With Over $100M In Debt
Fiber network developer Tilson Technology Management Inc. and affiliates filed for Chapter 11 protection in Delaware bankruptcy court Thursday with $100 million to $500 million in debt, claiming a client's recent failure to pay the company for work it performed had left it starved of cash and new investment.
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May 28, 2025
Government IT Provider Blamed Its Ch.11 On DOGE Cuts
Funding shortfalls, a six-figure judgment from a vendor and uncertainty over potential budget cuts from the White House's Department of Government Efficiency led government IT contractor Sysorex Government Services Inc. to file for Chapter 11 bankruptcy protection, according to the debtor.
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May 28, 2025
Catching Up With New Bankruptcy Case Action
A group of entities related to New York landlord Pinnacle Group filed for Chapter 11 protections, a clutch of companies owned by a real estate investor sentenced to jail for a scheme that defrauded Fannie Mae filed for bankruptcy protection in New Jersey, and a Canadian aluminum trader struggling to restructure filed bankruptcy in the U.S. and Canada.
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May 28, 2025
Judge Rejects Johns Hopkins Unit's Claim FCA Suit Is Untimely
A Maine federal judge on Wednesday denied Johns Hopkins Medical Services Corp.'s bid to dismiss a False Claims Act suit as untimely, ruling it must face allegations it failed to report being overpaid for healthcare services for military personnel, retirees and their families.
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May 28, 2025
Calif. Hotel Operator Sued By JV Partner In Ch. 11 Case
The joint venture partner of a bankrupt California hotel owner-operator lodged an adversary complaint against the company in its Chapter 11 bankruptcy case in Delaware, urging the court to transfer several of the joint venture's California properties.
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May 28, 2025
Alex Jones Is 'Defending Journalists,' Texas Court Hears
A Texas appeals court seemed taken aback after counsel for conspiracist Alex Jones claimed a $45 million default judgment relating to Jones' defamatory Sandy Hook statements should be thrown out, suggesting during oral arguments Jones was "thumbing [his] nose" at the trial court.
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May 28, 2025
Exactech Delays Ch. 11 Plan Hearing For Settlement Talks
Joint implant maker Exactech Wednesday adjourned what could have been a long and contested Chapter 11 plan confirmation hearing in Delaware, saying it began talks to settle a blitz of objections in the case.
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May 28, 2025
IT Contractor Says Retainer Deposit Lets Ch. 11 Stay In NY
Government information technology contractor Sysorex Government Services on Wednesday argued to a New York bankruptcy judge that the retainer on deposit for its bankruptcy counsel is sufficient to establish the Southern District of New York as the venue for its Chapter 11 case.
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May 28, 2025
TreeSap Farms Gets OK To Take Votes On Ch. 11 Liquidation
A Texas bankruptcy judge on Wednesday said he would allow landscape plant grower TreeSap Farms to solicit creditor votes on its Chapter 11 liquidation plan, days after the company closed on a sale of its assets to a buyer controlled by its CEO for $88 million in cash.
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May 27, 2025
Canadian Aluminum Trader Blames Trade War For Bankruptcy
A Canadian aluminum trading group has asked an Illinois bankruptcy court to recognize its Canadian insolvency proceedings, saying rising tariffs have left it with no choice but to seek to sell its assets in bankruptcy.
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May 27, 2025
23andMe Agrees To Sale, Rite Aid Pharmacy Deals Get OK
Regeneron Pharmaceuticals emerged as the winning bidder for 23andMe last week, agreeing to buy the genetics testing company out of bankruptcy for $256 million. Meanwhile, a judge approved Rite Aid's sale of pharmacy assets to CVS, Walgreens and others, and tensions flared during a hearing in Texas on disputes stemming from an undisclosed romance between a former Jackson Walker attorney and bankruptcy judge.
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May 27, 2025
Bankrupt 23andMe To Delist Stock After Regeneron Deal
Bankrupt genetic testing provider 23andMe Inc. said Tuesday it will delist its stock from the Nasdaq exchange, following Regeneron Pharmaceuticals Inc.'s agreement last week to buy the defunct company.
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May 27, 2025
Gov't Contractor Seeks Urgent $2.3M DIP Financing In Ch. 11
Technology contractor Sysorex Government Services Inc. asked a New York bankruptcy judge to approve a $2.3 million debtor-in-possession loan from its accounts receivable lender, saying a contract with the U.S. Department of Agriculture could be in jeopardy without the funds.
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May 27, 2025
Meet The Attys Helping Li-Cycle Through Ch. 15
Lithium battery recycler Li-Cycle Holdings Corp. has tapped a team of attorneys from Freshfields LLP to help it sell its business and secure new funding in Chapter 15 bankruptcy.
Expert Analysis
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Pa. City Ch. 9 Ruling Raises Municipal Financing Concerns
A Pennsylvania district court’s recent ruling in a Chapter 9 case filed by the city of Chester, Pennsylvania, strengthens the foundations of the municipal bond market, but also demonstrates that bankruptcy courts continue to struggle with some of the features of municipal revenue bonds and issue rulings that contradict market expectations, say attorneys at Cadwalader.
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Writing Thriller Novels Makes Me A Better Lawyer
Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.
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What Lawyers Must Know About Calif. State Bar's AI Guidance
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.
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Industry Must Elevate Native American Women Attys' Stories
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.
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Pa. Ruling Shows Why Term Sheet Can Be Worth The Wait
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.
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Understanding Discovery Obligations In Era Of Generative AI
Excerpt from Practical Guidance
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.
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Asserting 'Presence-Of-Counsel' Defense In Securities Trials
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.
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Crypto Has Democratized Trading In Bankruptcy Claims
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.
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The Case For Post-Bar Clerk Training Programs At Law Firms
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.
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5 Key Tips For Attorneys In The Subchapter V Arena
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.
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Attorneys Have An Ethical Duty To Protect The Judiciary
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.
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Why The Debt Maturity Wall Is Still A Figment, For Now
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.
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AI Can Help Lawyers Overcome The Programming Barrier
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.