Mid Cap
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January 17, 2025
NJ Hospital System's Ch. 11 Docs Need Work, Judge Says
A Delaware bankruptcy judge told a New Jersey-based hospital system Friday that its Chapter 11 plan disclosures lacked the necessary information for creditors to make an informed decision about the plan and encouraged the debtor to continue discussion to resolve outstanding objections.
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January 17, 2025
Under The Radar: Bankruptcy News You May Have Missed
Drugmaker Nostrum sought for more time to file a Chapter 11 plan, Swedish debt collection agency Intrum asked a Texas bankruptcy court to enforce its plan that a group of noteholders are opposing, and former employees of a bankrupt drink packager alleged they were unlawfully laid off without any advance warning.
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January 17, 2025
Judge Scolds Dormify For Founder Not Appearing In Court
A Delaware bankruptcy judge sharply criticized Dormify Inc. after its founder didn't appear at a hearing Friday, ordering a hearing on whether to dismiss the dorm-room decorating retailer's Chapter 11 case or convert it to a Chapter 7 liquidation.
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January 17, 2025
Lowenstein Sandler Can Pursue Trimmed Dispensary Fee Suit
A New Jersey state court judge dismissed part of Lowenstein Sandler LLP's $800,000 fee suit against a cannabis dispensary former client Thursday and told the firm it must give the former client the notice of its right to resolve the fee dispute through arbitration.
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January 17, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen the family of the late chairman of Leicester City FC sue a helicopter manufacturer for £2.15 billion ($2.63 billion), Vivienne Westwood bring a copyright claim against the late designer's foundation and blockchain giant Tether file a new claim in its ongoing dispute with crypto trading firm Swan Bitcoin. Here, Law360 looks at these and other new claims in the U.K.
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January 17, 2025
Litigators Make Up Half Of Ballard Spahr's Promotion Class
Ballard Spahr LLP unveiled five promotions to partner and seven to of counsel on Wednesday, elevating lawyers for four of its five departments in five cities.
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January 16, 2025
Travel App Maker Mondee Can Tap $1.4M Of Ch. 11 Financing
A Delaware bankruptcy judge agreed Thursday to grant interim approval of a request from Mondee, the developer of an app for travel agents, to access a portion of the bankruptcy financing it secured from its prepetition lenders as the company moves toward a potential credit bid sale of the business.
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January 16, 2025
Creditors Push For Mississippi Casino Developer Ch. 7
Creditors for developer Diamondhead Casino Corp., which has been trying for years to build a casino in Mississippi near the Gulf Coast, pressed a Delaware bankruptcy judge to liquidate the company, saying it's the "fairest and the most equitable" way to collect the $2.4 million they are owed.
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January 16, 2025
Auto Financer Vroom Exits Ch. 11 Free Of Long-Term Debt
Bankrupt automotive finance company Vroom Inc. has emerged from bankruptcy free of $290.5 million in convertible note debt, it has announced.
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January 16, 2025
Womble Bond's New Delaware Leader Talks Growth, Visibility
A "proud and lifelong Delawarean," Jeffrey K. Simpson is excited to serve as the new managing partner of Womble Bond Dickinson's Wilmington office and help attract more talent by touting the benefits of practicing law in the First State.
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January 16, 2025
Meet The Attys Guiding New Zealand Software Co.'s Ch. 15
Montoux, a New Zealand-based provider of actuarial software, has hired lawyers from Young Conaway Stargatt & Taylor LLP to help secure U.S. recognition of a liquidation process the company launched in its home country.
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January 16, 2025
Trust Of Retailer Fred's Can Claw Back Pre-Ch. 11 Transfers
A Delaware bankruptcy judge granted partial summary judgment to the liquidating trust for defunct retailer Fred's Inc. in its bid to recover more than $3 million it paid to logistics company C.H. Robinson Co. Inc. in the months ahead of its 2019 bankruptcy, ruling the payments are avoidable because C.H. Robinson applied credit pressure on the financially distressed retailer.
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January 16, 2025
Giuliani Settles NY Asset Turnover Case After Trial No-Show
Rudy Giuliani on Thursday settled claims that he must turn over assets to fund a $148 million judgment for defaming two Georgia poll workers, after his failure to show up in court delayed the start of a scheduled bench trial.
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January 15, 2025
Chancery Awards $1.6M To Food Recycler In Trade Secret Fight
The former leaders of a now-defunct food waste company owe another company $1.6 million for misappropriating a process for turning waste into fertilizer and animal feed, a Delaware vice chancellor said in a decision released Wednesday, finding they "rode" that process "all the way to the bank."
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January 15, 2025
When One Ch. 11 Doesn't Cut It: Recent 'Chapter 22s'
If there's something worse than bankruptcy, it's having to go through bankruptcy more than once. From exit loans that act more like a millstone than a launchpad, to unsuccessful attempts to shake off tort liability, to macroeconomic headwinds that just won't stop blowing, most Chapter 11 debtors show up to court more distressed the second time around.
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January 15, 2025
NJ Hospital Chain Reorg Plan Nets Flurry Of Objections
The proposed disclosure statement and Chapter 11 plan of New Jersey hospital operator CarePoint Health Systems Inc. drew more than a half dozen objections, including from former owners, a prospective buyer, an insurance company and the U.S. Trustee's Office, with the debtor's reorganization proposal denounced as "skeletal" and "patently flawed."
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January 15, 2025
Boeing Vexes Judge In 737 Max Records Flap With Airline
The Boeing Co. can't use a now-defunct South African airline's loss of records to dodge a suit over fallout from a 737 Max airplane deal, a Washington federal judge has said, chiding the aerospace giant for offering thin circumstantial evidence of intent without any "smoking gun."
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January 15, 2025
Judge OKs More Fees In Calif. Debt Relief Firm's Bankruptcy
A California bankruptcy judge has tentatively approved an additional $2.1 million in professional fees in the bankruptcy case of a troubled debt relief firm, despite the amount of professional fees already exceeding the amount paid out to creditors so far.
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January 15, 2025
Judge OKs Digital Media Solutions' Ch. 11 Wind-Down Plan
A Texas bankruptcy judge on Wednesday gave bankrupt digital advertising firm Digital Media Solutions Inc. approval for its proposed Chapter 11 plan, overruling objections from the U.S. trustee who argued the plan unlawfully includes nonconsensual third-party releases.
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January 15, 2025
Meet The Attys Moving Wynne Transportation Through Ch. 11
Wynne Transportation Holdings LLC has secured the help of attorneys from Landis Rath & Cobb LLP to see it through a restructuring in the wake of an arbitrator's judgment that the company must pay a former subcontractor $32.8 million, which came after the state of Texas required the debtor to bus migrants to Democrat-controlled areas.
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January 15, 2025
AI Travel App Co. Mondee Files Ch. 11 With Sale Plans
Artificial intelligence-supported travel agency application maker Mondee Holdings Inc. filed for Chapter 11 protection in Delaware, saying it has a baseline offer for the acquisition of its assets and $49 million in financing from existing lenders.
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January 14, 2025
Strong Demand Couldn't Stave Off Ch. 11 For Wynne
Before it filed for bankruptcy Friday, Wynne Transportation appeared to be in healthy financial shape — if it weren't for project delays and litigation with a former subcontractor tied to a state government contract to bus migrants out of Texas.
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January 14, 2025
Catching Up With New Bankruptcy Case Action
California-based hospital operator Prospect Medical Holdings filed for Chapter 11 in Texas with over $1 billion in debt. Joriki USA Inc. filed for Chapter 7 with $300 million in liabilities after its Canadian parent sought creditor protection and shut down a plant due to a listeria outbreak.
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January 14, 2025
Wynne Transportation Can Tap Some Of $6M DIP In Ch. 11
A Delaware bankruptcy judge said Tuesday she will allow transportation service provider Wynne Transportation to borrow $2 million in initial debtor-in-possession financing on an interim basis, clearing the way to fund a Chapter 11 case the company launched in the wake of a nearly $33 million arbitration judgment.
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January 14, 2025
Judge Sets Sept. Deadline For Buffalo Diocese Ch. 11 Plan
A New York bankruptcy judge has told the Roman Catholic Diocese of Buffalo and its creditors they have until September to come up with a plan to settle the diocese's liability for approximately 900 claims of child sex abuse.
Expert Analysis
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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.
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10 Essential Bankruptcy Litigation Tips For In-House Counsel
Bankruptcy litigation is a complex and multifaceted area of law that poses unique challenges for in-house counsel, and there are several tools at legal professionals' disposal, like appraisals and understanding jurisdictions, to stay well-informed and protect their companies' interests, says Alison Ashmore at Dykema.
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Preparing Law Students For A New, AI-Assisted Legal World
As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.
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Sellers Seeking Best Deal Should Focus On Terms And Price
Rising interest rates and a decline in the automotive mergers and acquisitions market mean that a failed deal carries greater stakes, and sellers therefore should pursue not only the optimum price but also the optimum terms to safeguard their agreement, says Joseph Aboyoun at Fox Rothschild.
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General Counsel Need Data Literacy To Keep Up With AI
With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.
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Rite Aid's Reasons For Ch. 11 Go Beyond Opioid Suits
Despite opioid-related lawsuits being the perceived reason that pushed Rite Aid into bankruptcy, the company's recent Chapter 11 filing reveals its tenuous position in the pharmaceutical retail market, and only time will tell whether bankruptcy will right-size the company, says Daniel Gielchinsky at DGIM Law.
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Navigating Discovery Of Generative AI Information
As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.
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Finding Focus: Strategies For Attorneys With ADHD
Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.
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A Look At DOJ's New Nationwide Investment Fraud Approach
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.