Mid Cap
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May 13, 2025
10x Genomics, Bruker Strike Deal After $31M Patent Verdict
Gene sequencing technology firm 10x Genomics and scientific instrument maker Bruker Corp. have reached a settlement in a patent infringement lawsuit that previously led biotechnology company NanoString to file for Chapter 11 bankruptcy relief.
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May 13, 2025
Silvergate Gets Pause To Examiner Fight After Investor Deal
A group of investors in the bankrupt parent of Silvergate Bank agreed Tuesday to table its bid to expand the scope of an investigation into potential litigation claims against company insiders after striking a deal with other shareholders over how to split up proceeds from the Chapter 11 estate.
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May 13, 2025
Catholic Friars' Insurer Wants Info On Abuse Claims Hack
An insurer for a bankrupt group of Catholic friars facing child sexual abuse claims said Tuesday it wants access to information on a data breach at a consulting firm retained by a committee representing the claimants in this and multiple other Catholic organization bankruptcies.
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May 13, 2025
Catching Up With New Bankruptcy Case Action
Weight loss business WeightWatchers entered Chapter 11 in Delaware, as did medical technology company Accelerate Diagnostics Inc. and California-based biotechnology company Synthego Corp. Here are the week's new bankruptcy cases.
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May 13, 2025
Democracy Forward Picks Up 4 More Ex-DOJ Attys
The legal advocacy group Democracy Forward has brought on four former U.S. Department of Justice litigators, adding to a string of hires the organization has made from the federal government as it takes on the Trump administration in court.
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May 13, 2025
Tariffs Blamed For Upstart Wine And Spirits Co.'s Bankruptcy
Oracles Capital Inc., a Florida-based wine and spirits brand investor, filed for bankruptcy in Delaware to quickly sell its assets, saying macroeconomic conditions and wine import tariffs have prevented it from raising new money.
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May 13, 2025
Vegan Restaurant Chain Planta Hits Ch. 11 With Sale Plans
Vegan restaurant chain Planta Group has filed for Chapter 11 protection in Delaware, listing up to $50 million in debt and saying it intends to sell the business as part of the bankruptcy process.
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May 12, 2025
Kaneka Loses Bid To Sue Danimer Amid Bankruptcy
A Delaware bankruptcy judge on Monday rejected Japanese chemical company Kaneka's request to lift a stay on litigation against U.S.-based plastics alternative maker Danimer Scientific Inc., finding it would harm the debtor.
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May 12, 2025
Young Conaway Asks To Exit Tech Firm IronNet's Ch. 11
Young Conaway Stargatt & Taylor LLP asked a Delaware bankruptcy judge to let it withdraw from representing reorganized cybersecurity firm IronNet in its Chapter 11, citing rules that let lawyers cut ties if a case creates a financial burden or a client isn't living up to their obligations.
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May 12, 2025
Dormify Must 'Get It Together' In Ch. 11, Judge Says
A Delaware bankruptcy judge on Monday refused to shoot down Google's opposition to bankrupt dorm room decor supplier Dormify's bid to sell its assets to Williams Sonoma, finding the debtor had failed to present any evidence that could settle its dispute with the technology giant.
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May 12, 2025
US Trustee Challenges AgileThought's Dual Counsel Plan
The U.S. Trustee's Office has objected to a proposal from the wind-down administrator of technology firm AgileThought to share its special litigation counsel, Grant & Eisenhofer, with the company's prepetition lender and the buyer of its assets, Blue Torch Finance LLC.
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May 12, 2025
TreeSap Farms Cleared For $88M Ch. 11 Sale To CEO
The bankrupt landscape plant grower TreeSap Farms LLC won a bankruptcy court's permission Monday to sell its assets to a buyer controlled by its CEO for $88 million in cash, plus the assumption of nearly $24 million of pre- and post-petition trade payables and the retention of all existing employees.
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May 12, 2025
Calif. Hotel Operator Gets Deal To Avoid Ch. 11 Dismissal Bid
A Delaware bankruptcy judge has signed off on a settlement in the Chapter 11 case of California hotel operator MOM CA that calls for two creditors that accused the debtor of fraud to hold off on their motion to dismiss the case, with the hospitality firm agreeing to support the creditors' efforts to propose a reorganization plan.
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May 12, 2025
Rite Aid Back In Ch. 11, Tupperware Gets OK To Liquidate
Drugstore chain Rite Aid reentered bankruptcy less than a year after its earlier reorganization plan was approved, and received a bankruptcy court's permission to conduct asset sales. Food storage container maker Tupperware Brands Corp. received court approval for its Chapter 11 liquidation plan. And a Washington University law professor was named the consumer privacy ombudsman in 23andMe's Chapter 11 case.
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May 12, 2025
23andMe DNA Data Sale In Ch. 11 Tests Ombudsmen's Reach
23andMe's high-stakes plan to sell customers' genetic data in bankruptcy is poised to test the limits of court-appointed consumer privacy advocates in Chapter 11 and the 20-year-old law that created them, as concerns mount over how the potentially novel deal will affect highly sensitive personal information.
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May 12, 2025
Will Justices Finally Rein In Universal Injunctions?
The U.S. Supreme Court is expected to address for the first time Thursday the propriety of universal injunctions, a tool federal judges have increasingly used to broadly halt presidential orders and policy initiatives, and whose validity has haunted the high court's merits and emergency dockets for more than a decade.
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May 12, 2025
Atlantic City Timeshare Biz Hits Ch. 11 Amid Class Litigation
Flagship Resort Development Corp., a prominent seller of timeshares around the Atlantic City Boardwalk, has filed for Chapter 11 protection in New Jersey bankruptcy court, in the face of mounting pressures from class actions brought by timeshare unit owners.
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May 12, 2025
Lowenstein Wins Bid To Combine Dispensary Suits In NJ
A New Jersey state judge agreed Monday to Lowenstein Sandler LLP's request to have a pair of cases related to a dispute between the firm and a local cannabis dispensary consolidated.
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May 09, 2025
Real Estate Recap: 'Preposterous' Rule, MoFo On Debt, Big 4
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including attorney views of a U.S. Securities and Exchange Commission rule affecting real estate, one BigLaw leader's insights into new debt funds, and what the four largest brokerages said about 2025's first quarter.
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May 09, 2025
Pa. Top Court Snapshot: Cap & Trade, Prosecutor Power
The scope of powers held by the Pennsylvania governor, the attorney general, and state and local utility authorities will take center stage in Harrisburg when the state Supreme Court convenes for its May session.
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May 09, 2025
Trustees Can't Charge Fees In Tossed Ch. 13s, 2nd Circ. Says
A standing Chapter 13 trustee in the Eastern District of New York must return some $20,000 in fees from a dismissed bankruptcy, the Second Circuit ruled Friday, holding trustees are not entitled to charge a percentage fee on payments a debtor makes unless a plan is confirmed.
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May 09, 2025
No Sanctions For Bankrupt Crypto Miner In Celsius Row
A Delaware bankruptcy judge declined Friday to impose sanctions on cryptocurrency mining company Mawson Infrastructure Group, saying she was unconvinced by Celsius Network's allegations that the involuntary debtor acted in bad faith.
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May 09, 2025
Brightmark Parent's $14.25M Bid Favored Over Higher Offer
A $14.25 million bid from the parent company of a bankrupt Indiana plastics recycling plant was chosen as the winning offer for the facility, despite being valued at $250,000 less than a competing bid from the debtor's bondholders that would have liquidated the facility.
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May 09, 2025
What's Happening In Bankruptcy Court This Coming Week
Delaware bankruptcy judges will weigh the Chapter 11 plan disclosures of Forever 21 and telecom company Ligado Networks, a collection of asset sales proposed by bankrupt trucking company Yellow Corp., as well as Danimer Scientific Inc.'s stalking horse sale to a polymer supplier.
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May 09, 2025
Sandy Hook Families Want Alex Jones To Pay Up Amid Appeal
A Connecticut appeals court should not extend a stay on the enforcement of a $1.3 billion judgment against bankrupt Infowars host Alex Jones while he brings his case to the U.S. Supreme Court, the families of Sandy Hook shooting victims said in opposition to his pending motion, arguing that his newly raised constitutional claims are late and meritless.
Expert Analysis
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How Methods Are Evolving In Textualist Interpretations
Textualists at the U.S. Supreme Court are increasingly considering new methods such as corpus linguistics and surveys to evaluate what a statute's text communicates to an ordinary reader, while lower courts even mull large language models like ChatGPT as supplements, says Kevin Tobia at Georgetown Law.
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Why Attorneys Should Consider Community Leadership Roles
Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.
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Ch. 11 Ruling Shows Early Attempt To Tackle Purdue Fallout
A Delaware bankruptcy court’s recent ruling in Parlement Technologies’ Chapter 11 case, which denied a bid by Parler’s former owner to extend its bankruptcy stay to nondebtors, illustrates early efforts to grapple with the U.S. Supreme Court's decision in Purdue Pharma for a recurring bankruptcy issue, say Daniel Lowenthal and Jonah Wacholder at Patterson Belknap.
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9 Liability Management Tips As Debt Maturity Cliff Looms
As the debt maturity cliff swiftly approaches in this challenging environment, attorneys at Winston & Strawn highlight the top considerations for boards of directors and finance professionals to think about when structuring and executing liability management transactions, including reviewing capital structure, evaluating debt covenants, and more.
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Firms Must Offer A Trifecta Of Services In Post-Chevron World
After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.
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How Cos. Can Leverage IP In Corporate Bankruptcy
In light of an increase in year-to-date Chapter 11 filings, businesses must understand the importance and value of intellectual property in corporate bankruptcy and restructuring, from contributing to enterprise value, to providing leverage in negotiations and facilitating recovery, says Gregory Campanella at Ocean Tomo.
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Avoiding Retail Bankruptcy As Economic Uncertainty Persists
Amid record retail bankruptcies and continued economic uncertainty in 2024, retailers can take specific steps like building stronger cash-flow models, managing inventory wisely and reassessing cost structures to avoid financial distress, say consultants at BRG.
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Banking Compliance Takeaways From Joint Agency Statement
Federal bank regulatory agencies’ recent joint statement warning of risks associated with third-party fintech deposit services spotlights a fundamental problem that may arise with bank deposit products that are made through increasingly complex customer relationships, says Tom Witherspoon at Stinson.
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Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.
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Law Firms Should Move From Reactive To Proactive Marketing
Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.
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Bankruptcy Courts May Be Budding Open To Cannabis Cases
Two recent California bankruptcy court rulings, denying motions to dismiss the respective debtors' bankruptcies, provide persuasive authority to allow cannabis debtors the protections of federal bankruptcy law, say Noah Weingarten and Bethany Simmons at Loeb & Loeb.
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Vendor Rights Lessons From 2 Chapter 11 Cases
A Texas federal court’s recent critical vendor order in the Zachry Holdings Chapter 11 filing, as well as a settlement between Rite Aid and McKesson in New Jersey federal court last year, shows why suppliers must object to critical vendor motions that do not recognize creditors' legal rights, says David Conaway at Shumaker.
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Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?
A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.