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Bankruptcy
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December 22, 2025
Catching Up With Delaware's Chancery Court
Delaware's justices threw the Court of Chancery in reverse big time last week, rescinding a decision by the state's chancellor that last year effectively canceled tech tycoon Elon Musk's multi-year, then-$56 billion stock-based compensation package. It was a decision that lit up the court's relatively low-key, pre-holiday wind-up. It also highlighted the endless, 3D tug of war over Delaware-chartered companies and the interests of boards, officers, controllers, stockholders and the corporate bar.
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December 22, 2025
Media Companies Seek $520K Fees In Severance Suit
A360 Media LLC and Bauer Media Group USA LLC are urging a New Jersey federal judge to award them more than $520,000 in attorney fees and costs after defeating a former executive's ERISA severance suit, arguing they prevailed over a bad-faith claim by the exec and he should be saddled with the legal fees to deter others.
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December 22, 2025
First Brands Can Access $60M In 'Trapped' Funds
A Texas bankruptcy judge said Monday that auto-parts maker First Brands Group can access about $60 million in cash held by customers or stuck in segregated accounts, while setting up a January hearing to handle the debtor's proposed process to reconcile $3 billion in third-party factoring agreements with pending invoices.
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December 22, 2025
Ashley Stewart's Board Seeks To Nix Ch. 11 As Bogus
The battle for plus size fashion retailer Ashley Stewart is continuing in a Delaware bankruptcy court, with one director seeking to dismiss the case while others are calling for a court-appointed trustee to investigate the company's November asset sale.
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December 22, 2025
Texas Concrete Co. Blames ICE Enforcement For Ch. 11
A south Texas concrete company has faulted a reduction in residential construction projects caused by increased immigration enforcement actions for its Chapter 11 filing, saying its recent growth was stalled by the drop in demand.
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December 22, 2025
US Magnesium's $11.5M DIP Needs Revisions, Judge Says
A Delaware bankruptcy judge Monday declined to grant final approval of US Magnesium's $11.5 million in Chapter 11 financing, saying it was too early to authorize that relief as parties in the case continue to challenge the viability of the debtor's restructuring plans.
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December 19, 2025
Boies Schiller Partner Pitched As First Brands Examiner
A Boies Schiller Flexner LLP partner with experience in matters spanning from asset recovery to international investigations and high-wire global matters has been tapped to probe the bankruptcy of auto parts maker First Brands Group as a Chapter 11 examiner.
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December 19, 2025
Nicklaus Cos. Want Creditor Liens Nixed In Ch. 11 Before Sale
Sporting gear and golf course design firm Nicklaus Cos. has asked the Delaware bankruptcy court to invalidate the liens of its largest creditor and to provide clarity on its claim status ahead of a proposed asset sale in February.
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December 19, 2025
Agent Sues Over $1.6M Ex-Hudson Hotel Ch. 11 Escrow Tussle
The escrow agent holding $1.6 million related to the developer of the former Hudson Hotel near Manhattan's Columbus Circle has sued the debtor in Delaware bankruptcy court in an effort to resolve conflicting instructions on what to do with the funds.
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December 19, 2025
Biomedical Co. Gets Approval For Ch. 11 Auction In January
Eye disease treatment developer Clearside Biomedical on Friday got permission from a Delaware bankruptcy judge for a January auction of its assets after saying it had resolved objections from shareholders and the U.S. Trustee's Office.
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December 19, 2025
Chancery Keeps Alive Electric Vehicle Co. SPAC Suit
Most counts have gone forward in a Delaware Court of Chancery suit alleging an unfair "blank check" company take-public merger with a since-reorganized electric vehicle company that faced allegedly undisclosed supply chain problems.
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December 18, 2025
Tricolor Can Sell 10,000 Cars In Ch. 7, Judge Says
A Texas bankruptcy judge agreed Thursday to approve bankrupt subprime car loan lender Tricolor's procedures for a quick sale of about 10,000 cars in its inventory, saying the debtor appeared to have earned its speedy timeline.
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December 18, 2025
Judge Nixes Yellow Corp. Committee's Extra Banker Fees Bid
A Delaware bankruptcy judge Thursday denied a request from Yellow Corp.'s creditors committee to pay its investment banker an additional $3.75 million, finding the adviser knew the former trucking company's Chapter 11 would be complicated when it agreed to a fixed payment structure.
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December 18, 2025
Plus-Size Fashion Co. Ashley Stewart Hits Ch. 11 To Nix Sale
Ashley Stewart, a plus-size clothing retailer, has petitioned for Chapter 11 protection in New Jersey bankruptcy court, listing between $50 million and $100 million of liabilities and seeking to void the sale of its assets to a new operator called G Ashley.
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December 18, 2025
Oakland Diocese To Continue Ch. 11 Plan Talks
The Roman Catholic Diocese of Oakland and representatives of sexual abuse claimants told a California bankruptcy judge Thursday they are ready for another month of talks to try and reach an agreement on a Chapter 11 plan for the diocese.
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December 18, 2025
Educational Software Co. Files Ch. 11 With $205M Debt
New York-based software company Conscious Content Media and its affiliates on Wednesday filed for Chapter 11 protection in a Delaware bankruptcy court with more than $205 million in debt, along with its restructuring plan backed by its prepetition noteholders.
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December 18, 2025
McGuireWoods Adds Energy Restructuring Pro From DOJ
McGuireWoods LLP announced Thursday that it has hired a former senior bankruptcy counsel at the U.S. Department of Justice, whose experience includes the two largest offshore oil and gas bankruptcies in U.S. history.
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December 17, 2025
Watchdog Pushes To Strip Genesis Of Ch. 11 Control
The U.S. Trustee's Office is seeking to wrest control from bankrupt Genesis Healthcare Inc., alleging the nursing home operator's Chapter 11 case in Texas is being undermined by an insider and his loyalists and arguing that new independent oversight is needed.
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December 17, 2025
Jackson Walker Wants Settlements Heard Before Romance Trial
Following a Texas federal judge's decision to hold off on reviewing malpractice settlements with former bankruptcy clients, Jackson Walker LLP asked the court to reconsider, as the pending motions could save parties time and money.
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December 17, 2025
EV Battery Swapping Co. Enters Chapter 11 With Sale Plans
Ample Inc. filed for Chapter 11 protections in Texas to sell its business, saying it wasn't able to raise enough money to commercially scale up its electric vehicle battery swapping stations.
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December 17, 2025
First Brands' Former CEO Moves To Dismiss Fraud Case
Patrick James, the founder and former CEO of First Brands Group, urged a Texas bankruptcy judge to toss an adversary suit the auto-parts maker filed targeting him, saying the complaint failed to adequately accuse him of fraudulent activity.
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December 17, 2025
Tricolor Execs Charged With Fraud In Billion-Dollar Collapse
A Manhattan federal grand jury has indicted the ex-CEO and ex-chief operating officer of bankrupt subprime auto lender Tricolor Holdings, saying they engaged in years of fraud on the company's lenders and investors.
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December 16, 2025
Luminar Can Use $25M Cash Reserves For Speedy Ch. 11
A Texas bankruptcy judge Tuesday agreed to allow Luminar Technologies Inc., a bankrupt developer of lidar technology for autonomous vehicles, to use its $25 million in cash collateral to fund its Chapter 11 case as it heads to a planned sale.
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December 16, 2025
No Jail For Controller Who Assisted Feds In FTE Fraud Case
A Manhattan federal judge allowed a former financial controller for FTE Networks to avoid prison Tuesday for participating in a $13 million revenue fraud at the Florida telecom, crediting the "reluctant conspirator" for an extensive, five-year course of cooperation.
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December 16, 2025
Levona Says New Docs Show Reed Smith Lied In $102M Feud
Levona Holdings Ltd. is pressing a Manhattan federal court to vacate what it calls a fraudulent $102 million arbitral award issued to international shipping company Eletson, arguing that new documents released under the crime-fraud exception show that the company and its prior attorneys at Reed Smith LLP lied during the arbitration.
Expert Analysis
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Asbestos Trusts And Tort Litigation Are Still Not Aligned
A recent ruling by a New York state court in James Petro v. Aerco International highlights the inefficiencies that still exist in asbestos litigation — especially regarding the continued lack of coordination between the asbestos tort system and the well-funded asbestos trust compensation system, says Peter Kelso at Roux.
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Series
Creating Botanical Art Makes Me A Better Lawyer
Pressing and framing plants that I grow has shown me that pursuing an endeavor that brings you joy can lead to surprising benefits for a legal career, including mental clarity, perspective and even a bit of humility, says Douglas Selph at Morris Manning.
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Opinion
The Legal Education Status Quo Is No Longer Tenable
As underscored by the fallout from California’s February bar exam, legal education and licensure are tethered to outdated systems, and the industry must implement several key reforms to remain relevant and responsive to 21st century legal needs, says Matthew Nehmer at The Colleges of Law.
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E-Discovery Quarterly: Rulings On Relevance Redactions
In recent cases addressing redactions that parties sought to apply based on the relevance of information — as opposed to considerations of privilege — courts have generally limited a party’s ability to withhold nonresponsive or irrelevant material, providing a few lessons for discovery strategy, say attorneys at Sidley.
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Opinion
Section 1983 Has Promise After End Of Nationwide Injunctions
After the U.S. Supreme Court recently struck down the practice of nationwide injunctions in Trump v. Casa, Section 1983 civil rights suits can provide a better pathway to hold the government accountable — but this will require reforms to qualified immunity, says Marc Levin at the Council on Criminal Justice.
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Series
Playing Soccer Makes Me A Better Lawyer
Soccer has become a key contributor to how I approach my work, and the lessons I’ve learned on the pitch about leadership, adaptability, resilience and communication make me better at what I do every day in my legal career, says Whitney O’Byrne at MoFo.
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Series
Law School's Missed Lessons: Learning From Failure
While law school often focuses on the importance of precision, correctness and perfection, mistakes are inevitable in real-world practice — but failure is not the opposite of progress, and real talent comes from the ability to recover, rethink and reshape, says Brooke Pauley at Tucker Ellis.
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23andMe Fine Signals ICO's New GDPR Enforcement Focus
Many of the cybersecurity failures identified by the Information Commissioner’s Office in its investigation of 23andMe, recently resulting in a £2.3 million fine, were basic lapses, but the ICO's focus on several new U.K. General Data Protection Regulation considerations will likely carry into the future, say lawyers at Womble Bond.
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Series
Adapting To Private Practice: From ATF Director To BigLaw
As a two-time boomerang partner, returning to BigLaw after stints as a U.S. attorney and the director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, people ask me how I know when to move on, but there’s no single answer — just clearly set your priorities, says Steven Dettelbach at BakerHostetler.
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4 In-Flux Employment Law Issues Banks Should Note
Attorneys at Ogletree provide a midyear update on employment law changes that could significantly affect banks and other financial service institutions — including federal diversity equity and inclusion updates, and new and developing state and local artificial intelligence laws.
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Series
Playing Baseball Makes Me A Better Lawyer
Playing baseball in college, and now Wiffle ball in a local league, has taught me that teamwork, mental endurance and emotional intelligence are not only important to success in the sport, but also to success as a trial attorney, says Kevan Dorsey at Swift Currie.
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Series
Ohio Banking Brief: All The Notable Legal Updates In Q2
Ohio's financial services sector saw several significant developments in the second quarter of 2025, including a case that confirmed credit unions' setoff rights, another that established contract rights between banks and cardholders, and the House passage of a digital asset bill, say attorneys at Frost Brown.
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A Deep Dive Into 14 Nixed Gensler-Era SEC Rule Proposals
The U.S. Securities and Exchange Commission last month formally withdrew 14 notices of proposed rulemaking, including several significant and widely criticized proposals that had been issued under former Chair Gary Gensler's leadership, signaling a clear and definitive shift away from the previous administration, say attorneys at Dechert.
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Series
Law School's Missed Lessons: Skillful Persuasion
In many ways, law school teaches us how to argue, but when the ultimate goal is to get your client what they want, being persuasive through preparation and humility is the more likely key to success, says Michael Friedland at Friedland Cianfrani.
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Special Committees Gain Traction In Chapter 11 Investigations
Excerpt from Practical Guidance
Tara Pakrouh at Morris James discusses why special committees are becoming more common in Chapter 11 bankruptcies, how they've been used in real cases and what makes them effective.