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Bankruptcy
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October 01, 2025
Hub Hires: Morgan Lewis, WilmerHale, Simpson Thacher
Other than the Red Sox and a few muggy late summer days, few things were hotter in September than the Boston legal market. Morgan Lewis made four lateral hires, WilmerHale welcomed back an experienced life sciences attorney, and Simpson Thacher snagged a former Goodwin banking lawyer.
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September 30, 2025
McKinsey Trims Endo Suit But Can't Nix Indemnification Claim
A New York bankruptcy judge trimmed an adversary suit Monday claiming McKinsey & Co. Inc. should pay at least $1.5 billion to cover costs bankrupt pharmaceutical developer Endo International racked up defending against opioid claims, tossing nearly all allegations with leave to amend, but greenlighting an indemnification claim.
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September 30, 2025
Spirit Airlines Brass Face Investor Suit Over Pre-Ch. 11 Claims
The CEO and chief financial officer of embattled budget airline Spirit face proposed shareholder class action claims that they misled investors about the company's prospects after its emergence from bankruptcy in March, only to announce months later that it had sought Chapter 11 protection once again.
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September 30, 2025
HSBC Gets $324M Claims Tossed In Row With Madoff Trustee
A New York bankruptcy judge has thrown out $324 million of claims against London-based HSBC and its affiliates that were brought by the trustee overseeing the liquidation of Bernie Madoff's bankruptcy estate, finding the claims in an amended complaint do not relate back to claims in an earlier complaint.
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September 30, 2025
3rd Circ. Mulls Liens On Casino Revenue In Pa. City's Ch. 9
The Third Circuit Court of Appeals on Tuesday pressed attorneys for Delaware County and municipal bondholders on why their liens on city-generated revenues carried forward when the Pennsylvania city of Chester filed for bankruptcy in 2022.
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September 30, 2025
Real Estate Mogul Invited To Settle Fraud, Wage Suit For $40M
A Chapter 7 trustee and a minority shareholder have offered to drop a sprawling lawsuit against a New York and Connecticut real estate mogul and other company leaders in exchange for $40 million, less than two months after convincing a judge to tie up $51.2 million of the defendants' assets as the contract, fraud and wage case moves forward.
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September 30, 2025
Hooters Gets OK To Exit Bankruptcy, Shift To Franchise Model
A Texas bankruptcy judge Tuesday approved restaurant chain Hooters of America's plan to sell more than 100 restaurants to a group of franchisees and exit Chapter 11, confirming the debtor's reorganization plan weeks after ruling on a royalty dispute in the case.
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September 30, 2025
Education Tech Co. Anthology Hits Ch. 11 With Over $1B Debt
Anthology Inc., a software company in the educational technology space, filed for Chapter 11 protection in a Texas bankruptcy court with more than $1 billion in debt, saying it intends to sell parts of its business and restructure the rest.
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September 29, 2025
Merit Street Ch. 11 Judge Shares Dismissal Evidence Concern
The bankruptcy judge presiding over the Chapter 11 case of Merit Street Media expressed his concerns Monday over some of the evidence presented during a multi-day trial over motions to dismiss the company's bankruptcy, saying some testimony caused him to lose sleep.
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September 29, 2025
Supreme Court Considers 7 Patent Petitions
The U.S. Supreme Court held its first conference Monday, presenting the justices with several petitions of interest to patent practitioners before the court's new term kicks off next week.
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September 29, 2025
In Chancery, Bankrupt First Brands Accused Of Deal Breach
Automotive manufacturer Grammer Inc. filed a suit in the Delaware Chancery Court accusing APC Parent LLC and guarantor First Brands Group, which filed for Chapter 11 protection on Sunday, of breaching multiple agreements and withholding more than $20 million in payments involved with a $40 million merger.
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September 29, 2025
Cayman Liquidators Lack Standing On All Claims In SVB Case
A New York bankruptcy judge Monday found the liquidators of Silicon Valley Bank's Cayman Islands branch lacked standing in their bid to bring some $944 million in claims, ruling that the officials failed to timely file adversary complaints and proofs of claim in the case.
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September 29, 2025
Claire's To Sell 156 UK Stores In Ch. 11
Jewelry retailer Claire's has secured a sale for some of its business in the U.K. and Ireland to private equity firm Modella Capital, the company's British restructuring administrator announced Monday.
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September 29, 2025
Yale Unit Will Pay $45M To End Failed Hospitals Sale Dispute
Yale New Haven Health Services Corp. has agreed to pay $45 million to hospital operator Prospect Medical Holdings Inc. to conclude their legal dispute over a failed $435 million sale of three Connecticut hospitals, according to a motion filed in Texas bankruptcy court.
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September 29, 2025
Parts-Maker First Brands Files Ch. 11 With Over $10B In Debt
Auto parts maker First Brands Group filed for Chapter 11 protection late Sunday in Texas bankruptcy court with more than $10 billion in debt and said it had secured $1.1 billion in bankruptcy financing from its creditors to keep the business running through the case.
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September 26, 2025
Bankrupt NYC Cannabis Club Ordered Out Of Brooklyn Spot
A New York bankruptcy judge has told Empire Cannabis Club to surrender the property it leases at a location in Brooklyn to its landlord, ruling the bankrupt tenant effectively rejected the lease because it never moved to assume it.
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September 26, 2025
$33M NJ Mansion Wasn't Chinese Exile's, Holding Co. Says
A holding company that nominally owns a $33 million New Jersey mansion has asked a Connecticut federal judge to flip a bankruptcy finding that the company was equitably owned by Chinese exile Miles Guo and functioned as his alter ego, arguing the property was actually paid for by Guo's fraud victims.
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September 26, 2025
ConvergeOne's Ch. 11 Plan Undone, In Part, On Appeal
A Texas federal judge has reversed parts of reorganized IT group ConvergeOne's Chapter 11 plan, saying an exclusive equity backstop opportunity given to a faction of its secured lenders violated bankruptcy's equal treatment requirements.
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September 26, 2025
Judge Backs Settlement In WanaBana Lead Poisoning Case
A federal judge in Florida on Friday recommended approving a confidential settlement between Dollar Tree and the parents of a toddler who consumed lead from WanaBana cinnamon applesauce pouches, saying it's in the child's best interests given the ongoing litigation over the recalled snacks.
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September 26, 2025
NJ Riverfront Site Owner Hits Ch. 11 Ahead Of Sheriff's Sale
A property owner accused of defrauding an investor with phony development plans for a New Jersey site on the Hudson River sought Chapter 11 protection ahead of a sheriff's sale Friday, claiming it owes $67.3 million to creditors that include a foreclosing developer.
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September 26, 2025
Insurers' $9M Deal With Pump Co.'s Trustee Gets Judge's OK
Chubb's Century Indemnity Co. and ACE American unit Pacific Employers Insurance Co. have received a Connecticut federal judge's approval to pay $9 million to a pump manufacturer's Chapter 7 estate, allowing the insurers to settle claims that The Nash Engineering Co. fraudulently transferred policies meant to cover asbestos claims.
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September 26, 2025
Miss America Dispute Turns On Dueling Fraud Claims
A real estate developer and his attorney have hit back at claims they should be sanctioned for allegedly submitting fake contracts as evidence they own the company that runs the Miss America pageant, asserting in a Florida federal court filing that their litigation opponents are the ones "engaging in fraud."
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September 26, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Sanjeev Gupta’s Liberty OneSteel sue its collapsed former lender Greensill Capital, television personality Janice Dickinson hit ITV with a personal injury claim after falling over while appearing on “I’m a Celeb …”, and energy investor Blasket bring fresh litigation against Spain amid a row over a $416 million arbitration award. Here, Law360 looks at these and other new claims in the U.K.
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September 25, 2025
Ex-Highland CEO Tells High Court Judge's Novels Show Bias
The founder and president of hedge fund Highland Capital Management has asked the U.S. Supreme Court to weigh in on a bankruptcy judge's refusal to recuse herself from proceedings involving the company after she published two novels that he says contain veiled commentary about the case.
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September 25, 2025
Dr. Phil Defends Worker Layoffs That Came With Ch. 11
Phil McGraw, also known as Dr. Phil, hit back Thursday at accusations that workers at his television channel joint venture were fired when it filed for bankruptcy so they could work for a new entity started by McGraw, saying that the terminations were needed because the company's financials hit a wall that couldn't be overcome.
Expert Analysis
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Series
Volunteer Firefighting Makes Me A Better Lawyer
While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.
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As SEC, CFTC Retreat, Who Will Police The Crypto Markets?
As the U.S. Securities and Exchange Commission and U.S. Commodity Futures Trading Commission pull back from policing the crypto markets, the Federal Trade Commission and Consumer Financial Protection Bureau have the authority to pick up the slack — although recent events raise doubts that they will do so, say attorneys at Skadden.
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E-Discovery Quarterly: The Perils Of Digital Data Protocols
Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.
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Series
Law School's Missed Lessons: Preparing For Corporate Work
Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.
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A Cold War-Era History Lesson On Due Process
The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.
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Series
Improv Makes Me A Better Lawyer
Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.
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How BigLaw Executive Orders May Affect Smaller Firms
Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.
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Opinion
Lawsuits Shouldn't Be Shadow Assets For Foreign Capital
Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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How To Accelerate Your Post-Attorney Career Transition
Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.
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Series
Law School's Missed Lessons: Be An Indispensable Associate
While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.
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23andMe Case Highlights Privacy Complexities In Ch. 11
Attorneys at Pryor Cashman discuss the interplay between a sale of personally identifiable information and bankruptcy law in light of genetics and health company 23andMe's recent filing for Chapter 11 relief.
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.
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Series
Adapting To Private Practice: From DOJ Leadership To BigLaw
The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.
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Law Firm Executive Orders Create A Legal Ethics Minefield
Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.
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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.