Mid Cap
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April 28, 2025
Akoustis Says $39M Ch. 11 Sales Don't Include Trade Secrets
Radio frequency filter maker Akoustis Technologies told a Delaware court that it should be allowed to move forward with planned sale transactions because concerns about trade secrets being improperly included in the assets to be sold have been addressed by a "cleansing" process.
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April 28, 2025
Imerys Ch. 11 Trial Abruptly Paused, Celsius Seeks Sanctions
Talc producer Imerys is nearing Chapter 11 plan confirmation after a trial commenced; a plan administrator for Celsius moved to impose sanctions in another crypto firm’s bankruptcy; and Prospect Medical secured court approval to close two facilities.
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April 28, 2025
Google Claims Row Delays Dormify's Ch. 11 IP Asset Sale
A dispute over a $600,000 claim from Google led bankrupt dorm room furnishing retailer Dormify Inc. to delay approval of a sale of its intellectual property assets to Williams-Sonoma Inc. Monday to give the debtor time to resolve the conflict.
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April 28, 2025
DMK's Ch. 11 Overdose Drug Complaint Survives In Del.
A Delaware bankruptcy judge found that drug distributor US WorldMeds must face an adversary complaint from DMK Pharmaceuticals, which had accused the distributor of inadequate marketing of one of its products.
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April 28, 2025
Syracuse Diocese Strikes $61M In Deals With Insurers
The Roman Catholic Diocese of Syracuse informed a New York bankruptcy judge that it has reached nearly $61 million in settlements with its insurance carriers to fund a trust for child sexual abuse claims in the diocese's Chapter 11 plan.
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April 28, 2025
'Shake & Bake': 4th Circ. Cites Ricky Bobby In NASCAR Ruling
The Fourth Circuit on Monday called back to the satirical cult classic "Talladega Nights: The Ballad of Ricky Bobby" in finding the former owners of a NASCAR team must cover the cost of a settlement involving a bank lien on their charter after they sold it to new owners.
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April 28, 2025
Nikola Seeks Court OK For $9M Climate-Credit Sale Process
Electric truck maker Nikola Corp. has asked a Delaware bankruptcy judge to approve a sale process for environmental credits the company earned by selling zero-emission vehicles, saying it has secured an $8.97 million bid that will set a floor price for the assets.
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April 28, 2025
Gibson Dunn Bankruptcy Pro Joins Cleary In NY
A former Gibson Dunn & Crutcher LLP attorney known for his work on high-profile restructurings has joined Cleary Gottlieb Steen & Hamilton LLP's New York office as a partner, the firm announced Monday.
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April 28, 2025
Scanrock Files Plan To Pay Debt With Property Sales
Hydrocarbon driller Scanrock Oil & Gas on Monday filed its Chapter 11 plan with a Texas bankruptcy court, saying it plans to pay off its secured lenders with the sale of its Oregon ranch and other creditors with other real estate sales and exit financing.
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April 28, 2025
Meet The Attys Helping Excell Communications During Ch. 11
Excell Communications Inc., a telecommunications infrastructure developer, has tapped lawyers from Uniondale, New York-based firm Ruskin Moscou Faltischek PC to aid its journey through Chapter 11 as the company seeks to focus on project management after it lost a key business relationship.
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April 28, 2025
Union Tells 3rd Circ. Healthcare Fight Belongs In Arbitration
A Pennsylvania federal judge properly concluded that a healthcare dispute between a power plant operator and an International Brotherhood of Electrical Workers local was arbitrable, the union said, asking the Third Circuit to uphold the judge's decision to send the fight to arbitration.
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April 25, 2025
Real Estate Recap: Q1 Hospo Deals, Data Center Speculation
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including the law firms that guided the largest global hospitality mergers and acquisitions of the first quarter, and how local utilities are attempting to weed out data center speculators.
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April 25, 2025
CFPB Abandons $2.25M Student Loan Trust Deal, Drops Case
The Consumer Financial Protection Bureau on Friday voluntarily dismissed its long-running debt collection practices suit against the National Collegiate Student Loan Trusts, abandoning a $2.25 million proposed settlement that had been held up by objectors.
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April 25, 2025
Celsius Seeks Sanctions Against Crypto Miner In Ch. 11
The plan administrator for defunct cryptocurrency platform Celsius Network has asked a Delaware bankruptcy judge to impose more than $352,000 of sanctions on a crypto mining company, alleging it is opposing an involuntary Chapter 11 petition Celsius filed against it while also trying to use the bankruptcy stay to stymie arbitration proceedings against a subsidiary.
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April 25, 2025
Under The Radar: Bankruptcy News You May Have Missed
Tupperware looked for permission to end healthcare reimbursements for roughly 230 employees; Heritage Coal's owners asked a Delaware bankruptcy judge to allow the company to complete a permit transfer as part of a pre-Chapter 11 sale; and Film Finance Inc., behind productions including "Everything Everywhere All At Once," sought to have its Chapter 11 case dismissed. Here are some of the bankruptcy stories you may have missed last week.
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April 25, 2025
Ch. 15 Rulings Boost Possibility Of Purdue Workarounds
Two recent bankruptcy court decisions that approved nonconsensual third-party releases have spotlighted a growing divide between the relief available to debtors in foreign restructurings and Chapter 11, signaling that struggling companies may attempt to use Chapter 15 to evade the U.S. Supreme Court's Purdue Pharma ruling.
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April 25, 2025
US Trustee Says Benson Hill Can't Seal Exec Bonus Info
The U.S. Trustee's Office on Friday asked a Delaware bankruptcy judge to reject bankrupt soybean company Benson Hill's request to seal the names of executives it wants to pay bonuses to, along with the amounts it wants to pay.
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April 25, 2025
Packable Creditors Say Deal Sets Aside $17M Recovery
The official committee of unsecured creditors in e-commerce firm Packable Holdings' Chapter 11 has asked the Delaware bankruptcy court to approve its settlement with the debtor's founders and insurers to resolve breach of fiduciary duty claims, allowing the unsecured creditors to recover more than $17 million in cash.
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April 25, 2025
NJ Atty Sues Former Partner Over Diverted Fee Awards
A New Jersey attorney sued his onetime debt collection defense law partner in Union County Superior Court this past week alleging that the former partner kept fee awards owed to the firm for himself as the partnership collapsed and the firm faced financial troubles.
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April 25, 2025
The Supreme Court's Week: By The Numbers
The justices heard arguments in five cases this week, including one over instruction on sexuality in public schools and another over the Affordable Care Act's requirement that insurers provide free preventive care, while issuing one decision that self-deportation windows for unauthorized migrants don't expire on weekends. Here, Law360 Pulse takes a data-driven dive into the week that was at the U.S. Supreme Court.
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April 25, 2025
ENGlobal Cleared To Sell Itself In Ch. 11
A Texas bankruptcy judge Friday said he would sign off on the sale of construction and engineering group ENGlobal Corp. to its debtor-in-possession lender upon the uploading of a new order resolving an objection by the federal government.
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April 25, 2025
Bertucci's Says Uncertain Economy Sparked Latest Ch. 11
Italian food chain Bertucci's filed for bankruptcy protection for the third time since 2018, telling a Florida bankruptcy court it is over $32 million in debt and dealing with industry headwinds and the "unanticipated deterioration" of the U.S. economy.
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April 24, 2025
3rd Circ. Revives Sanctions For Undisclosed Bankruptcy Fees
Citing a "legal question of significant public importance," a Third Circuit Court of Appeals panel on Thursday reversed a district court's reversal of a bankruptcy judge's sanctioning of Spector Gadon Rosen & Vinci PC for pursuing additional fees initially undisclosed to the court from a bankrupt couple after agreeing to a flat amount.
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April 24, 2025
Bar Louie Gets Final OK For $2.5M DIP In Ch. 11
A Delaware bankruptcy judge on Thursday gave final approval to Texas-based gastropub chain Bar Louie to access $2.48 million of debtor-in-possession financing facility from its prepetition lender.
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April 24, 2025
Labor Woes, Fire, Debt Concerns Led Royal Interco To Ch. 11
Operational setbacks due to labor shortages, a fire at its distribution center last year and reduced supplier credit stemming from concerns about upcoming debt maturity all contributed to Arizona-based paper towel producer Royal Interco LLC's filing for Chapter 11.
Expert Analysis
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Lender Agreements And Unitranche Facilities: A Fresh Look
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.
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What Banks Should Know About FDIC Assessment Rule
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.
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Performing Music Makes Me A Better Lawyer
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.
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Bankruptcy Must Be On The Table As A Student Loan Solution
Amid the ongoing discourse on student loan forgiveness, borrowers must have a deeper understanding of U.S. Departments of Justice and Education guidance regarding how the government will agree to discharge loans in bankruptcy, or miss a life-changing opportunity currently available to regain control over their financial condition, say Jonathan Carson and Eric Kurtzman at Stretto.
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Breaking Down High Court's New Code Of Conduct
The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.
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Rockport Ch. 11 Highlights Global Settlement Considerations
A Delaware bankruptcy court’s recent rejection of Rockport’s proposed settlement serves as a reminder that there is a risk that a global settlement executed outside of a plan may be rejected as a sub rosa plan, but shouldn’t dissuade parties from seeking relief when applicable case law supports approval, says Kyle Arendsen at Squire Patton.
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How Purdue High Court Case Will Shape Ch. 11 Mass Injury
The U.S. Supreme Court's recent arguments in Harrington v. Purdue Pharma, addressing the authority of bankruptcy courts to approve nonconsensual third-party releases in Chapter 11 settlement plans, highlight the case's wide-ranging implications for how mass injury cases get resolved in bankruptcy proceedings, says George Singer at Holland & Hart.
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Legal Profession Gender Parity Requires Equal Parental Leave
To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.
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How Cannabis Cos. Are Adapting In Shifting Bankruptcy Arena
Recent bankruptcy cases show that federal courts have begun to demonstrate more openness to downstream businesses in the cannabis industry, and that even though receivership can be a viable option for those denied access to the bankruptcy system, it is not without its own risks and complexities, say attorneys at Troutman Pepper.
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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.