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Bankruptcy
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May 15, 2025
Genesis Fights Jefferies Bid To Be Paid In Bitcoin Over USD
Failed cryptocurrency lender Genesis Global has asked a New York bankruptcy judge to throw out investment bank Jefferies' request for an order forcing the wind-down debtor to take back money it paid Jefferies and instead reimburse it in bitcoin, arguing it's too late for the bank to amend a claim that was filed "solely in dollars."
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May 14, 2025
Tripwire Moves To End Explosives Suit Over Licensing Issues
Tripwire South, its affiliate Tripwire Aviation and executive Ryan Morris urged a Pennsylvania federal court to dismiss Bizzell Corp.'s fraud and contract claims, arguing Bizzell's failure to obtain proper government licenses made delivery of military-grade explosives legally impossible.
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May 14, 2025
Alex Jones Can't Duck $1B Sandy Hook Payout During Appeal
Infowars host Alex Jones cannot avoid a $1.3 billion defamation judgment favoring the victims of the Sandy Hook Elementary massacre while he crafts an appeal to the U.S. Supreme Court in the hopes it accepts his final challenge to the record-breaking verdict, a Connecticut appeals court has ruled.
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May 14, 2025
Judge Rejects DQ Of Smith Gambrell In Defamation Suit
A New York federal judge denied a former Major Lindsey & Africa recruiter's bid to disqualify Smith Gambrell from representing Major Lindsey in the employee's $75 million federal defamation suit, saying the request wasn't ripe for consideration yet.
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May 14, 2025
Grant & Eisenhofer Exits Tech Co. Ch. 11 After Watchdog Balk
Insolvent technology firm AgileThought's special litigation counsel, Grant & Eisenhofer, said it was withdrawing from representing the debtor after the U.S. Trustee objected to a plan to have the firm also represent AgileThought's prepetition lender and the buyer of its assets, Blue Torch Finance LLC.
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May 14, 2025
Reed Smith Can't Duck Out Of Eletson Ch. 11, Judge Says
A New York bankruptcy judge has rejected Reed Smith LLP's effort to withdraw its representation of one of the parties vying for control of international shipping group Eletson Holdings, ruling the law firm's bid to end its apparently limited work for the company's pre-Chapter 11 shareholders while still counseling them in related matters was improper.
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May 14, 2025
A&O Shearman Adds Ex-Schulte Roth Restructuring Atty
A&O Shearman has added a restructuring attorney previously with Schulte Roth & Zabel LLP as a partner in New York, the firm announced Wednesday.
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May 13, 2025
Crypto Platform's Ex-Brass Plead Guilty To $150M Fraud
Two former executives behind bankrupt cryptocurrency investment platform Cred Inc. pled guilty Tuesday in California federal court to conspiracy to commit wire fraud, admitting they gave customers "an unreasonably positive" portrayal of the business ahead of a collapse that prosecutors say wiped out up to $150 million in customer crypto.
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May 13, 2025
Magistrate Judge Cuts Defendants In J&J Talc Unit Fraud Suit
A New Jersey magistrate judge on Tuesday dropped a collection of defendants from a class action brought by cancer patients alleging that Johnson & Johnson's maneuvers to settle thousands of tort claims through Chapter 11 involved fraud.
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May 13, 2025
Hooters Can Tap Full $40M DIP In Chapter 11
Restaurant chain Hooters can tap the last $30 million of its $40 million Chapter 11 debtor-in-possession loan after it agreed to escrow disputed royalty revenue to quell a creditor's objection during a Tuesday hearing in a Texas bankruptcy court.
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May 13, 2025
Boeing Slams Defunct Airline's Sanctions Bid In 737 Max Spat
Boeing has fired back at defunct airline Comair's bid to get the major American aerospace company sanctioned for deleting evidence of a side letter that purportedly assured Comair that its deposit for the purchase of 737 Max jets was refundable, telling a Washington federal court that no such assurances were made in the nonexistent letter.
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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
3rd Circ. Upholds Most Of Boy Scouts' Ch. 11 Plan
The Third Circuit upheld the bulk of the Boy Scouts of America's Chapter 11 plan to deal with thousands of childhood sex abuse claims, but agreed Tuesday with one objecting insurer that its rights were impermissibly altered under the plan.
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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
Unions Assert WARN Claims In Yellow Bankruptcy Appeal
The Teamsters and the International Association of Machinists are challenging a bankruptcy court's finding that Yellow Corp. is not liable for failing to tell 22,000 union workers they were about to lose their jobs because the company was folding, asking a Delaware federal judge to reverse the ruling.
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May 12, 2025
Crypto Analysis Biz Says Celsius Can't Shift Fraud Blame
Chainalysis Inc. is asking a New York federal judge to throw out a lawsuit brought against it by defunct cryptocurrency platform Celsius Network, saying Celsius is trying to deflect the blame for fraud perpetrated by the company and its executives.
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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 12, 2025
Forever 21 Says No Buyer In Sight, Liquidation Expected
A Delaware bankruptcy judge on Monday gave Forever 21 permission to send its Chapter 11 plan out for a creditor vote after the fast-fashion retailer said it had not found a going-concern buyer and will likely be liquidating its remaining assets.
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May 12, 2025
NJ Judge Approves Bed Bath & Beyond's $1.95M ERISA Deal
A New Jersey federal judge gave an initial nod to a $1.95 million deal to resolve a proposed class action accusing Bed Bath & Beyond's 401(k) committee of mismanaging 2,100 employees' retirement plan before ultimately scrapping that plan entirely and declaring bankruptcy.
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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.
Expert Analysis
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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Series
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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How 9th Circ. Ruling Expands Bankruptcy Trustees' Powers
The Ninth Circuit recently held in The Lovering Tubbs Trust v. Hoffman that a trustee can avoid intentionally fraudulent transfers, even if no creditor suffered harm as a result, materially strengthening bankruptcy trustees' powers, say Robert Klyman and Rod Kazempour at DLA Piper.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.
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8 Childhood Lessons That Can Help You Be A Better Attorney
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.
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3rd Circ. Hertz Ruling Highlights Flawed Bankruptcy Theory
The Third Circuit, in its recent Hertz bankruptcy decision, became the latest appeals court to hold that noteholders were entitled to interest before shareholders under the absolute priority rule, but risked going astray by invoking the flawed theory of code impairment, say Matthew McGill and David Casazza at Gibson Dunn.
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Opinion
This Election, We Need To Talk About Court Process
In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.
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Series
Playing Diplomacy Makes Us Better Lawyers
Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.
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Mental Health First Aid: A Brief Primer For Attorneys
Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.
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Series
Collecting Art Makes Me A Better Lawyer
The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.
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Using Primacy And Recency Effects In Opening Statements
By understanding and strategically employing the primacy and recency effects in opening statements, attorneys can significantly enhance their persuasive impact, ensuring that their narrative is both compelling and memorable from the outset, says Bill Kanasky at Courtroom Sciences.
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Litigation Inspiration: Honoring Your Learned Profession
About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.
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Opinion
AI May Limit Key Learning Opportunities For Young Attorneys
The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.
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Series
Round-Canopy Parachuting Makes Me A Better Lawyer
Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.