An Illinois federal judge on Wednesday refused to toss a World Marketing LLC bankruptcy trustee’s malpractice suit accusing Crane Heyman Simon Welch & Clar of failing to properly advise the company before it instituted mass layoffs, saying the claim is barred neither by legal doctrine nor the company’s bankruptcy proceedings.
The judge overseeing Tops Markets' bankruptcy on Thursday said that any creditors who object to waiving their legal claims should explicitly say so, rejecting the U.S. trustee's arguments that the waiver should be "opt-in."
Because a Kentucky law firm did the job it was paid to do in administering a bankruptcy case for a defunct hospital, the firm should not have to return $60,000 in attorneys' fees to the Internal Revenue Service for taxes its client failed to pay, an Indiana district court has ruled, upholding a U.S. Bankruptcy Court ruling.
A Florida bankruptcy judge on Thursday ruled that two victims of billionaire convicted sex offender Jeffrey Epstein cannot pursue damages in connection with an allegation that he and his counsel retained confidential documents in violation of a court order because the victims were not party to the original order.
Bankrupt discount retailer J&M Sales Inc. received approval Thursday in Delaware court for a bailment program that it hopes will give comfort to vendors to provide inventory to the debtor as it pursues a restructuring plan or going-concern sale.
A New York federal judge on Wednesday upheld a bankruptcy court ruling that subordinates the claims of hundreds of former Shearson Lehman Brothers Inc. workers seeking up to $260 million in deferred compensation, agreeing that the work agreements expressly support the conclusion.
After it seemed the Chapter 11 sale of diabetes patient monitoring company ActiveCare Inc. to stalking horse bidder Telcare Inc. was ready to be finalized Thursday, a Delaware judge delayed signing off on an order until parties could work out details related to potential cure claims.
Advocates for bankruptcy trustees urged a U.S. House subcommittee on Wednesday to pass legislation that would increase the amount of compensation trustees are paid in Chapter 7 cases, saying the fees have remained the same for more than 20 years even though trustees have been tasked with more duties.
A New York federal judge ruled Tuesday that a law firm isn't owed roughly $489,000 in fees it supposedly incurred while working for the original receiver overseeing the wind-down of Platinum Partners’ hedge fund, because the firm never received court permission to help the fund.
A company formed by Jay Alix, a critic of consulting giant McKinsey & Co., on Wednesday argued again that the court should reopen the Alpha Natural Resources Chapter 11 case over alleged conflicts of interest, saying that McKinsey’s legal arguments against reopening were “pathetic.”
The U.S. government’s bankruptcy case monitor is challenging the proposed selection of a trustee to represent asbestos exposure victims who may in the future file claims against sheet metal equipment and accessories manufacturer Duro Dyne Corp., saying Wednesday that the candidate has apparent conflicts of interest.
New Jersey firms McManimon Scotland and Baumann LLC and Trenk DiPasquale Della Fera & Sodono PC are joining under the first shop’s banner on Oct. 1, the firms said Wednesday, describing a union that will specialize in project finance, corporate reorganization and complex commercial litigation.
A Delaware bankruptcy judge Tuesday found Applebee’s can’t terminate the franchise agreements for more than 150 restaurants owned by bankrupt RMH Franchise Holdings, saying the contracts were still in force when the bankruptcy stay started.
A Delaware bankruptcy judge will deliver an opinion as early as Thursday on issues relating to the professional status of liquidators running store closing sales for furniture retailer Heritage Home Group LLC, making the first ruling on the subject currently pending in at least three Chapter 11 cases in the state.
The Office of the U.S. Trustee is challenging Samuels Jewelers Inc.'s plan to award about $1.1 million in employee payouts in its Chapter 11 and seal information related to the payments, saying it is not known whether any of the employees engaged in improper conduct.
Harvey Weinstein will be allowed continue his pursuit of his personal and business records in the Chapter 11 case of his former media company, but a Delaware judge ruled Tuesday that if costs continue to mount in the discovery process, he will be on the hook for those bills.
Bankrupt shoe retailer Aerogroup International Inc. told a Delaware judge on Tuesday that it would likely be able to amicably resolve its motion for a temporary restraining order against Global Brands Group Inc. after learning that a sale of GBG’s assets had been delayed.
Pacific Drilling SA made headway Tuesday in its bid to reorganize in Chapter 11 proceedings, receiving New York bankruptcy court authorization to enter into a scrutinized $500 million equity commitment agreement and borrow up to $85 million in debtor-in-possession loans.
Purchasers of General Motors vehicles manufactured before the carmaker's 2009 bankruptcy, now seeking damages stemming from ignition-switch defects, must certify a class to pursue a proposed settlement that could cost the reorganized New GM $1 billion in new stock, a New York bankruptcy judge ruled Tuesday.
Essar Steel unit Mesabi Metallics Co. LLC has sued to block one of its post-bankruptcy advisers from suing it for $16 million in fees, saying the adviser's action violates federal bankruptcy law and breaches the mining company's restructuring agreement.
Justice Ruth Bader Ginsburg joined the U.S. Supreme Court 25 years ago and is not planning to retire anytime soon — she has hired clerks through 2020. What's it like to assist Justice Ginsburg? In this series, former clerks reflect on the experience.
While federal law prohibits the use of marijuana under any circumstances, the cannabis industry continues growing rapidly as more U.S. states legalize its use. The conflicting legal regimes have led to surprising, sometimes counterintuitive results in litigation and bankruptcy cases, says Matthew Pierce of Landis Rath & Cobb LLP.
It had never occurred to me that judges don’t always love the way their appellate cousins review their work and tell them — in public — all the things they got wrong. I was frequently struck by Justice Ruth Bader Ginsburg’s acute awareness of the delicacy of this relationship, says attorney David Post.
As a clerk for Justice Ruth Bader Ginsburg, my job was to mirror my boss’ views and values in everything I did. Years later, I find that I am still striving to live up to the values Justice Ginsburg instilled in me, as both a lawyer and a spouse, says Burden Walker, an assistant U.S. attorney for the District of Maryland.
The Second Circuit's recent ruling in Anderson News v. American Media clarifies the application of summary judgment standards in antitrust conspiracy cases, including with respect to how record and expert evidence is analyzed, say George Gordon and Thomas Miller of Dechert LLP.
Justice Ruth Bader Ginsburg is everything she is cracked up to be — feminist icon, brilliant jurist, fierce dissenter. She is also an incredible boss, mentor and friend. Her advice has shaped how I have tried to balance building a career and raising children, says Rachel Wainer Apter, counsel to the New Jersey attorney general.
One of us was a clerk when Justice Ruth Bader Ginsburg read her Ledbetter dissent from the bench, inviting Congress to act, and the other clerked a few years later, when RBG's prominently displayed copy of the Lilly Ledbetter Fair Pay Act served as a daily reminder that dissents are not just for show, say Arun Subramanian and Mark Musico of Susman Godfrey LLP.
As clerks for Justice Ruth Bader Ginsburg, we learned early on that, when preparing a memorandum or draft opinion, it was essential to present any opposing argument in its strongest possible light. There is a lesson here for today's public debates, says Trevor Morrison, dean of NYU Law School.
In early July, the Seventh Circuit issued an important opinion in Illinois Department of Revenue v. Hanmi Bank, raising the possibility that out-of-the-money junior creditors might be entitled to share in the proceeds of a free-and-clear bankruptcy sale, even where the senior secured party is underwater, say Charles Tabb and Tamar Dolcourt of Foley & Lardner LLP.
I clerked for Justice Ruth Bader Ginsburg before the days of RBG bobbleheads and “You Can’t Spell Truth Without Ruth” T-shirts. I had no idea I would become a judge, and I feel lucky every day that I had the chance to learn from her, says California Supreme Court Justice Goodwin Liu.