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Bankruptcy
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December 01, 2025
Catching Up With Delaware's Chancery Court
The Delaware Chancery Court saw a slate of corporate law clashes this past week, from fast-moving injunction fights in consumer product and real estate markets to multibillion-dollar oversight claims against crypto executives and fresh battles over control for two sports teams.
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November 26, 2025
Lenders Say Their Liens Are Senior In Dolphin Co. Ch. 11 Row
A group of secured lenders owed $100 million by dolphin park owner Leisure Investment Holdings LLC said in court filings Nov. 25 that its liens over the debtor's assets are senior to a judgment creditor and the group should be given an early win in the lien dispute.
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November 26, 2025
Foley & Lardner Hit With Malpractice Suit Over Chancery Loss
Foley & Lardner LLP has been sued in Delaware Superior Court by three officers of a now-defunct food recycling company who say the firm was negligent when representing them in a Chancery Court case that led to a $1.6 million judgment against them and another officer.
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November 26, 2025
Byju's Gets OK For Settlement Tied To $533M Clawback
A Delaware bankruptcy judge on Wednesday approved a settlement that education technology group Byju's said provides key information on what happened to $533 million in missing money as it works to recover the funds in Chapter 11.
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November 26, 2025
New Orleans Archdiocese Strikes Deal With Bondholders
The Roman Catholic Archdiocese of New Orleans has informed a Louisiana bankruptcy judge it cleared one of the major obstacles to confirmation of its Chapter 11 plan by reaching a settlement with objecting bondholders.
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November 26, 2025
Ex-Media Exec Launches Counter Fees Bid In Severance Fight
A former media executive is pushing back on Morgan Lewis & Bockius LLP's demand for more than $500,000 in legal fees, arguing that a New Jersey federal court should instead award him more than $600,000 in fees because he is actually the prevailing party in a suit against his former employer over severance pay.
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November 25, 2025
Judge Gives Conditional OK To American Signature DIP Plan
A Delaware bankruptcy judge said Tuesday that she will approve home furnishing retailer American Signature Furniture's bid for interim approval of post-petition financing, after giving a mixed response to objections from the Office of the U.S. Trustee.
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November 25, 2025
Bitcoin Depot Unit Hit With $18.5M Arbitration Award
The parent of a Canadian company that develops software allowing global network users to deposit cash for Bitcoin or exchange Bitcoin for cash said its subsidiary was hit with an $18.47 million arbitral award in a dispute with a bankrupt operator of cryptocurrency ATMs.
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November 25, 2025
New Complaint Says Ex-Execs Turned Steward Into 'Zombie'
Bankrupt hospital operator Steward Health has filed hundreds of millions in new claims in Texas bankruptcy court against its former CEO and other executives, including allegations that they orchestrated a sale-leaseback deal that rendered the business an insolvent "zombie."
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November 25, 2025
11th Circ. Backs Exclusion Of $80M Asset Valuation
The Eleventh Circuit ruled Monday that a bankruptcy judge did not err in excluding an expert's $80 million valuation of bankrupt title insurance underwriter ATIF Inc.'s 2015 transfer of two pieces of real estate along with intellectual property assets to Old Republic National Title Insurance Co.
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November 25, 2025
Nicklaus Golf Co. Gets OK For $10M Ch. 11 Loan
A Delaware bankruptcy judge Tuesday gave sporting gear and golf course design company Nicklaus Cos. permission to tap $10 million in Chapter 11 financing, even though counsel for founder and pro golf legend Jack Nicklaus said he was disputing the bulk of the company's debts.
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November 25, 2025
Solar Energy Co. PosiGen Hits Ch. 11 After Loan Breach Suit
Solar energy company PosiGen has entered into bankruptcy in Texas lugging at least $100 million in debt roughly a month after it was sued in a case alleging a breach of loan agreements.
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November 24, 2025
Investor Alleges Real Estate Fund Fraud In Del. Suit
Alleging Ponzi scheme-like conduct, limited partners in Florida-based Whitestone Real Estate Fund III (GP) accused the business and its affiliates of shuffling through hundreds of related party transactions without board approval, in an 11-count Delaware Court of Chancery suit that includes fraud claims and seeks appointment of a receiver.
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November 24, 2025
Rite Aid's Ch. 11 Plan Advances Over US Trustee Objection
A New Jersey bankruptcy judge said he would confirm the Chapter 11 plan of drug store chain Rite Aid after overruling the U.S. Trustee's objection to the opt-out mechanism for obtaining creditor support for third-party releases.
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November 24, 2025
Catching Up With Delaware's Chancery Court
The Delaware Chancery Court last week delivered a packed mix of fraud allegations, merger fallout, corporate-governance reforms and jurisdictional fights, while a new academic report ignited debate over attorney fee awards in Delaware's influential corporate forum.
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November 24, 2025
Ophthalmic Co. Hits Ch. 11 With $64M Debt, Eyeing Sale
Clearside Biomedical, a company developing treatments for eye diseases, has filed for Chapter 11 protection in Delaware bankruptcy court with $64 million in debt, saying it will attempt to sell its business during the case.
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November 24, 2025
American Signature Furniture Hits Ch. 11 With Sale Plan
Home furnishing retailer American Signature Furniture filed for Chapter 11 protection in Delaware on Saturday with a plan to close 33 of its stores and sell the remainder of its business to affiliates of its current owners.
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November 24, 2025
Justices Won't Hear Dispute Over So-Called Ch. 11 Double Dip
The U.S. Supreme Court on Monday said it will not hear arguments on whether a Texas bankruptcy judge allowed unsecured creditors to double-dip on their recoveries when he handed them control of bankrupt oil driller Sanchez Energy.
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November 21, 2025
'No Evidence' New Info Backs J&J Unit's Libel Suit, Court Told
A doctor being sued by Johnson & Johnson's bankrupt talc subsidiary pushed back on the unit's bid to revive its trade libel claim over a scientific article she wrote linking asbestos in talc to mesothelioma, arguing it failed to cite any evidence that undermines the court's finding that the article was a nonactionable statement of scientific opinion.
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November 21, 2025
Nicklaus' Golf Cos. File Ch. 11 With $500M+ Liabilities
Nicklaus Companies LLC, the sporting gear and golf course design company founded by legend Jack Nicklaus, and 11 affiliates filed for bankruptcy in Delaware on Friday, as it disputes a $50 million jury award in favor of the 85-year-old retired golfer in his defamation suit against the company.
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November 21, 2025
Stay Denied In Ch. 11 Suit Over $100M Special Needs Fraud
A Florida bankruptcy judge on Friday declined to halt an adversary class action against a Texas bank accused of aiding the alleged $100 million theft from a special needs trust, allowing document discovery to proceed while the bank's motion to toss the case is pending.
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November 21, 2025
3rd Circ. Rejects Boy Scout Abuse Claimants' Fee Requests
The Third Circuit on Friday backed the denial of $21 million in counsel fees to the Coalition of Abused Scouts for Justice as tort claimants in the Boy Scouts of America's bankruptcy case, ruling that the organization was not a creditor entitled to recoup money from the estate.
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November 21, 2025
Fenwick & West Must Face New Claims In FTX Crypto MDL
A Florida federal judge signed off on a bid to file new claims against Fenwick & West LLP by victims of the infamous FTX Trading Ltd. cryptocurrency scam after they argued that new information had emerged about the firm's alleged role in the trading platform's collapse.
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November 21, 2025
Ex-US Trustee Director's Firing Appeal Tossed, For Now
The former head of the U.S. Department of Justice's bankruptcy watchdog program had her appeal challenging her abrupt firing dismissed, at least for now, while a federal agency mulls questions around executive power in separate cases.
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November 21, 2025
Ex-Gordon Rees Atty Reprimanded For Mistakes Blamed On AI
An Alabama bankruptcy judge won't sanction Gordon Rees Scully Mansukhani LLC for a filing submitted by one of its former lawyers that contained mistakes blamed on artificial intelligence, but has reprimanded the attorney and ordered her to notify her clients about the reprimand.
Expert Analysis
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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.
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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Perfecting Security Interests In Renewable Energy Tax Credits
The ability to transfer renewable energy tax credits has created new opportunities for developers, investors and lenders, but it also raises important questions regarding when and how the security interests in these credits are perfected — questions that must be answered definitively to protect credit claims and transactions, says Harry Teichman at Stinson.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.
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What To Know About NAIC's Risk-Based Capital Task Force
Attorneys at Debevoise outline key details of the Risk-Based Capital Model Governance Task Force, which was recently launched by the National Association of Insurance Commissioners, including the task force's objectives, and potential implications for insurers and their investment strategies.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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3 Del. Bankruptcy Cases Highlight US Trustee Objections
As three recent Delaware bankruptcy cases show, debtors who seek approval of a stalking horse bid protections agreement should be prepared for the U.S. Trustee Office's objections, including if the proposed classification for the bid protections is a superpriority administrative expense claim, says Kyle Arendsen at Squire Patton.