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Bankruptcy
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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.
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November 20, 2025
NoMo SoHo Hotel Owner Seeks $125M Sale In Ch. 11
A New York bankruptcy judge agreed Thursday to approve sale procedures for the insolvent owner of the NoMo SoHo Hotel in Manhattan, setting it on a path to wrap up the process in just 20 days.
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November 20, 2025
Chancery Says $33M Nikola Deal 'More Than Fair'
Delaware Chancellor Kathaleen St. J. McCormick granted final approval Thursday to a pair of settlements totaling more than $33 million, including more than $1.8 million in fees and expenses, resolving years of shareholder litigation tied to Nikola Corp.'s fraud-shadowed SPAC merger.
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November 20, 2025
2nd Circ. Nixes REIT's CLO Fund Mismanagement Claims
The Second Circuit has backed the dismissal of mismanagement and fraud counterclaims lodged by a real estate investment trust and its subsidiary in a dispute involving a collateralized loan-obligation investment fund, ruling that related agreements for the fund don't support their counterclaims.
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November 20, 2025
Judge Raises Sanctions In Eletson Affiliate Ownership Row
The New York bankruptcy judge overseeing Eletson Holdings' Chapter 11 case has raised sanctions against three Cypriot corporations connected to the shipping company's former owners to $5,000 a day for failing to reverse changes to the board of an Eletson affiliate.
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November 20, 2025
Unlockd Is Latest Google Foe To Seek Judge's Recusal
Unlockd Media has become at least the second Google antitrust foe to seek the recusal of U.S. District Judge Haywood S. Gilliam Jr. over his close relationship with Google's vice president for litigation and discovery.
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November 20, 2025
Del. Court OKs Marriott Role In Sonder Ch. 7 Wind-Down
A Delaware bankruptcy judge has approved Marriott International Inc.'s limited management intervention in a sudden liquidation by former short-term rental partner Sonder Hospitality Holdings, after Marriott cited risks to guests from Sonder's lockdown and Chapter 7 filing.
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November 20, 2025
Ex-SDNY Chief Rejects Claim Of Broken FTX Plea Promise
Former interim Manhattan U.S. Attorney Danielle Sassoon told a federal judge Thursday that she never promised crypto lobbyist Michelle Bond any kind of no-prosecute deal as the government negotiated a guilty plea with Bond's husband, former FTX executive Ryan Salame.
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November 19, 2025
FDIC Can't Have Advisory Jury In $1.9B Fight With SVB Trust
A California federal judge Wednesday denied the Federal Deposit Insurance Corp.'s request that she empanel an advisory jury in a suit looking to force the agency to return some $1.9 billion in frozen deposits to the former operator of Silicon Valley Bank, finding "no compelling reasons" to do so.
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November 19, 2025
Lawmakers Urge High Court To Curb SEC's Receivership Powers
A group of Republican lawmakers is urging the U.S. Supreme Court to take up a Texas businessman's case challenging the U.S. Securities and Exchange Commission's ability to place businesses into court-appointed receivership before a trial.
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November 19, 2025
23andMe Seeks OK For Ch. 11 Plan With Release Tweaks
Attorneys for former DNA testing company 23andMe urged a Missouri bankruptcy judge Wednesday to approve its Chapter 11 liquidation plan, which resolved objections from states and the U.S. Trustee tied to claim releases.
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November 19, 2025
Whole Foods' $1M Asbestos Suit Survives Dismissal Bid
Whole Foods can proceed with its $1 million lawsuit over construction work that freed asbestos and forced a store to close temporarily, after a North Carolina Business Court judge ruled the grocer alleged enough to support contract breach claims against a plaza owner and sublessor.
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November 19, 2025
Pillsbury Asks 2nd Circ. To Guard $4M Client Fee From SEC
Pillsbury Winthrop Shaw Pittman LLP on Wednesday urged the Second Circuit to allow it to keep a $4 million advance payment retainer from the since-convicted former CEO of a bankrupt cybersecurity company, but the law firm conceded it should have clarified its rights after the government sought an asset freeze.
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November 19, 2025
Dallas Stars Ask Bankruptcy Court To Stop Mavericks Suit
The owner of the Dallas Stars hockey team asked a Texas bankruptcy judge to reopen the club's 2011 bankruptcy case to enforce its confirmation order and stop a suit from the NBA's Dallas Mavericks seeking to remove the NHL team from their American Airlines Center arena lease.
Expert Analysis
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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.
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Series
Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.