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Bankruptcy
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June 04, 2025
Judge Grills Kidde-Fenwal About Missing Info In Disclosures
A Delaware bankruptcy judge Wednesday questioned why firefighting foam maker Kidde-Fenwal did not include in plan disclosures details about the recoveries its creditors can expect under its Chapter 11 proposal, as the debtor prepares to send its reorganization plan out for a vote.
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June 04, 2025
Ill. Atty Faces 1 Year Suspension, Left Watchdog 'Baffled'
An Illinois attorney who was sanctioned $1 million alongside his client for frivolously litigating a condominium governance fight and later helped that client engage in knowingly improper bankruptcy conduct should be suspended for a year and complete a professionalism seminar, a state disciplinary watchdog says.
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June 04, 2025
CFPB Resumes $4.2M Redress After Pressure From States
California's Department of Financial Protection and Innovation said Wednesday that the Consumer Financial Protection Bureau is now making good on a $4.2 million redress plan for former students of a shuttered sales-training firm, following agency delays and subsequent pressure from various states.
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June 04, 2025
Pa. Brewery Co-Owner Claims Fraud Against Jailed Partner
A Pittsburgh-area business owner currently jailed for insurance and bankruptcy fraud is also accused of defrauding his former partner in a brewery and restaurant, including hiding the fact that the building the partner was renovating and living in was actually condemned, according to a lawsuit filed in state court.
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June 04, 2025
Adviser Sued For Pouring $100M Into Failing Development
A Florida woman sued her financial adviser in state court Tuesday, claiming he engaged in a yearslong scheme to funnel $100 million of her money into a now-bankrupt mixed-use development project and convinced her to personally guarantee more than $300 million in loans for the project.
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June 04, 2025
HSF Kramer Taps Bankruptcy Duo As 1st Hires Since Merger
Herbert Smith Freehills Kramer LLP announced on Wednesday its first hires since the merger between Kramer Levin Naftalis & Frankel LLP and Herbert Smith Freehills LLP became official at the start of this month, welcoming two attorneys from New York bankruptcy boutique Togut Segal & Segal LLP.
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June 03, 2025
Judge Blocks Foreign Enforcement In $102M Award Fight
A New York federal judge has ordered the former owners of reorganized international shipping group Eletson Holdings Inc. to drop proceedings they initiated in Greece and the United Kingdom to enforce a $102 million arbitral award while he determines whether the award is fraudulent.
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June 03, 2025
Canada Customers Agree To Halt 23andMe Data Breach Suits
23andMe and Canadian customers suing over a data breach agreed on Tuesday to pause lawsuits against non-bankrupt third parties for up to six months amid the DNA testing company's Chapter 11 proceedings in Missouri.
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June 03, 2025
Accord Urges Justices To Reject 'Crush-Resistant' Oxy IP Row
Accord Healthcare Inc. says the U.S. Supreme Court should reject bankrupt OxyContin maker Purdue Pharma LP's attempt to revive its legal effort to use patent laws to block the release of a competing, "crush-resistant" generic painkiller.
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June 03, 2025
Tom Girardi Sentenced To Over 7 Years For $15M Client Fraud
A California federal judge sentenced Tom Girardi on Tuesday to over seven years in prison for his wire fraud conviction, granting some leniency to the disbarred attorney on his 86th birthday by imposing a sentence below the guidelines in recognition of his age and ailing health.
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June 03, 2025
Akoustis' Appeal Of $39M IP Verdict Dropped After Bankruptcy
Radio frequency filter firm Akoustis Technologies has agreed to drop an appeal of a jury's $39 million patent infringement and trade secrets misappropriation verdict in favor of Qorvo Inc. that drove it to file for Chapter 11 bankruptcy in December.
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June 03, 2025
The Law360 400: A Look At The Top 100 Firms
A rebound in client work sent the nation’s largest law firms into growth mode last year, driving a wave of hiring, mergers and strategic moves that reshaped the top tier of the Law360 400. Here's a preview of the 100 firms with the largest U.S. attorney headcounts.
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June 02, 2025
Budget Bill Would Deepen Residential Solar's Woes
A Sunnova unit's bankruptcy declaration — the latest among dozens of solar companies that have struggled to stay afloat — adds to evidence of a floundering residential solar industry, which now faces further diminishing prospects under the federal budget reconciliation bill.
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June 02, 2025
23andMe Founder Pushes Alternative Ch. 11 Sale
The founder of 23andMe has urged a Missouri bankruptcy court to revisit the $256 million sale of the company's assets to Regeneron, saying she has a better bid backed by an unnamed corporation.
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June 02, 2025
US Trustee Pushes For Fee Examiner In Guo Bankruptcy
The U.S. Trustee's Office asked a Connecticut bankruptcy judge to appoint an independent examiner to review fee requests from an increasing number of global professionals authorized to provide legal and other services to the Connecticut-based Chapter 11 estate of Chinese exile Miles Guo.
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June 02, 2025
Fla. Judge Ends Ex-Bank CEO's Fraud Claims In Ponzi Case
A Florida state court judge on Monday ended a long-running suit by a former bank CEO who claims he was set up as a scapegoat in the legal fallout of attorney Scott Rothstein's $1.2 billion Ponzi scheme, dismissing the ex-CEO's fraud and negligent misrepresentation claims.
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June 02, 2025
Girardi's Dropped Pants Don't Sway Judge From Sentencing
A California federal judge ruled Monday she will sentence Tom Girardi this week for his wire fraud conviction, finding him mentally competent enough to potentially serve prison time following a bizarre hearing where the disbarred attorney made an appearance on the witness stand that culminated in his pants falling down.
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June 02, 2025
Jackson Walker, US Trustee Agree To Mediator In Fees Case
Jackson Walker LLP and the federal government's bankruptcy watchdog have agreed to mediation in their fee dispute stemming from an ethics scandal in Texas, with the two sides agreeing that retired judge Joan N. Feeney should mediate.
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June 02, 2025
Mayer Brown Adds Restructuring Co-Head From Cahill Gordon
An attorney specializing in assisting corporate clients with bankruptcy matters has recently left Cahill Gordon & Reindel LLP after more than 17 years and moved his practice to Mayer Brown LLP, where he has been tapped to co-lead the firm's restructuring group.
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June 02, 2025
J&J Again Seeks To Block Beasley Allen In NJ Talc Litigation
Johnson & Johnson has opposed a New Jersey talc claimant's motion for the pro hac vice admission of two attorneys from The Beasley Allen Law Firm, claiming the partners' conduct in its talc unit's bankruptcy proceedings warrants denial of the application.
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June 02, 2025
Syracuse Diocese Pauses Plan Hearing To Seek Insurer Deal
A New York bankruptcy judge Monday agreed to postpone for a month a hearing on the Roman Catholic Diocese of Syracuse's Chapter 11 plan after the diocese said it wanted more time to work out one last insurance settlement.
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June 02, 2025
Sunnova Energy Sends Unit Into Ch. 11 With Over $100M Debt
A unit of residential solar company Sunnova Energy International Inc. filed for Chapter 11 protection in Texas bankruptcy court with up to $500 million in both assets and debt, saying it has considered a potential sale of the business or a restructuring deal.
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June 02, 2025
Va. Landfill Says Waste Treatment Costs Sent It Into Ch. 11
The owner of a closed-down Virginia landfill has filed for Chapter 11 protection in Delaware bankruptcy court with just over $183 million in debt, saying its costs for treating toxic wastewater exploded after an ex-employee falsified reports.
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June 02, 2025
Supreme Court Asks US To Weigh In On Hertz's Ch. 11 Appeal
The U.S. Supreme Court invited the solicitor general Monday to file a brief in car rental giant Hertz's challenge to a Third Circuit ruling that as a solvent debtor it owed noteholders $272 million in interest and fees when it emerged from Chapter 11.
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May 30, 2025
Judge OKs Steward Lender Deal, Ch. 11 Plan Vote
A Texas bankruptcy judge on Friday sent Steward Health Care's Chapter 11 plan out for a creditor vote and approved a settlement between the hospital chain and its secured lenders, saying the deal is the only way any other creditors will see a dime.
Expert Analysis
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
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A Strategic Checklist For Bankruptcy Motion Objections
Excerpt from Practical Guidance
Hewing to a set of best practices for objecting to a motion in bankruptcy cases can help creditors’ counsel stay on track as they juggle deadlines and jurisdictions, determine whether filing will help or harm the client, and negotiate with the debtor.
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Promoting Diversity In The Selection Of ADR Neutrals
Excerpt from Practical Guidance
Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.
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Series
Playing Ultimate Makes Us Better Lawyers
In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron.
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E-Discovery Quarterly: Recent Rulings On Metadata
Several recent rulings reflect the competing considerations that arise when parties dispute the form of production for electronically stored information, underscoring that counsel must carefully consider how to produce and request reasonably usable data, say attorneys at Sidley.
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The 3rd-Party Bankruptcy Release Landscape After Purdue
In its Purdue Pharma ruling prohibiting nonconsensual third-party releases, the U.S. Supreme Court did not comment on criteria to render a third-party release consensual, opening a debate in the bankruptcy courts on the permissibility of opt-out versus opt-in releases, say attorneys at Morgan Lewis.
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Striking A Balance Between AI Use And Attorney Well-Being
As the legal industry increasingly adopts generative artificial intelligence tools to boost efficiency, leaders must note the hidden costs of increased productivity, and work to protect attorneys’ well-being while unlocking AI’s full potential, says Ed Sohn at Factor.
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Empathy In Mediation Offers A Soft Landing For Disputes
Experiencing a crash-landing on a recent flight underscored to me how much difference empathy makes in times of crisis or stress, including during mediation, says Eydith Kaufman at Alternative Resolution Centers.
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Series
Being An Artist Makes Me A Better Lawyer
My work as an artist has highlighted how using creativity and precision together — qualities that are equally essential in both art and law — not only improves outcomes, but also leads to more innovative and thoughtful work, says Sarah La Pearl at Segal McCambridge.
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How Judiciary Can Minimize AI Risks In Secondary Sources
Because courts’ standing orders on generative artificial intelligence and other safeguards do not address the risk of hallucinations in secondary source materials, the judiciary should consider enlisting legal publishers and database hosts to protect against AI-generated inaccuracies, say attorneys at Lankler Siffert & Wohl.
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How Attorneys Can Break Free From Career Enmeshment
Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.
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Bankruptcy Decision Exemplifies Venue Issue For Franchisees
A California bankruptcy court's decision earlier this month in Pinnacle Foods and a lingering circuit split on assumption of executory franchise contracts highlights the issue of whether franchisee debtors can qualify for case venue in friendlier circuits, says David Gamble at Parkins Rubio.