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Bankruptcy
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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.
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November 19, 2025
Canadian Gas Co. Hits Ch. 15 Ahead Of Nov. Debt Payments
Canacol Energy Ltd., a Canadian group that explores natural gas in Colombia, has sought Chapter 15 protection in New York, citing a liquidity crunch hampering its ability to make upcoming payments on over $900 million in debt.
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November 18, 2025
Reed Smith Can't Represent Eletson By 'Repeated Incantation'
A New York federal judge on Tuesday rejected Reed Smith LLP's latest effort to intervene on behalf of the purported former owners of international shipping company Eletson Holdings in Eletson's $102 million breach-of-contract litigation with rival Levona, saying the firm can't represent the holding company post-bankruptcy "by repeated incantation."
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November 18, 2025
23andMe Seeks OK On Updated $9M Settlement
23andMe asked a Missouri bankruptcy judge to approve a deal that will modify a settlement with data breach claimants to encompass more claims and pay $9 million, saying doing so will avoid litigation.
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November 18, 2025
Lugano Diamonds' $12M Ch. 11 Financing Gets Interim OK
Luxury jewelry house Lugano Diamonds & Jewelry Inc. can access up to $1.5 million in Chapter 11 financing from its majority owner as it pursues a buyer during the holiday shopping season.
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November 18, 2025
Purdue's $7.4B Ch. 11 Plan Jibes With New Release Paradigm
A New York bankruptcy judge gave a bench ruling Tuesday explaining his decision to confirm Purdue's $7.4 billion Chapter 11 plan, which transforms the pharmaceutical giant into a public benefit company, ruling that liability releases fully comply with new restrictions imposed by the U.S. Supreme Court last year.
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November 18, 2025
NOLA Diocese Bondholders Can't Press Consolidation Bid
A Louisiana bankruptcy judge on Tuesday told bondholders they cannot argue for consolidating the bankruptcy cases of the Roman Catholic Archdiocese of New Orleans and its parishes at the ongoing confirmation hearing for the archdiocese's Chapter 11 plan.
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November 18, 2025
Miss America Fight Heats Up With Competing Sanctions Bid
In a Florida federal court battle over the ownership of the Miss America pageant, the defendants have filed a competing sanctions motion against the plaintiffs and their counsel for "false narratives" following the latter parties' own bid for sanctions filed in September.
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November 18, 2025
Warner Bros. Appeals Village Roadshow's Ch. 11 Rights Sale
Hollywood studio Warner Brothers asked a Delaware bankruptcy judge on Tuesday to pause the $18.5 million sale of its bankrupt former business partner Village Roadshow's derivative film rights while it challenges the deal.
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November 17, 2025
Judge Pauses $3B Bond Enforcement Amid Citgo Auction
A New York federal judge has paused enforcement of nearly $3 billion in defaulted Venezuelan-issued bonds until a winning bidder for the country's most important seizable asset — the parent company of the oil giant Citgo — is chosen in parallel proceedings in Delaware.
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November 17, 2025
UConn Health Poised To Buy Hospital In $35M Ch. 11 Deal
Bankrupt for-profit hospital operator Prospect Medical Holdings Inc. on Monday sought approval for the $35 million sale of Waterbury Hospital in Connecticut to two UConn Health units under a stalking horse bid package filed in early November.
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November 17, 2025
First Brands Judge Plans To OK Ch. 11 Examiner
A Texas bankruptcy judge Monday said he plans to approve the appointment of an examiner for auto parts maker First Brands' Chapter 11, but held off on entering an order while parties decide the probe's scope and direction.
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November 17, 2025
MVP: Willkie's Brett H. Miller
Brett Miller of Willkie Farr & Gallagher LLP represented the unsecured creditors' committees of leading Scandinavian airline SAS AB, Chilean telecom WOM SA, Brazilian airline Gol Linhas Aéreas Inteligentes SA and oil refiner Vertex Energy Inc., earning him a spot as one of the 2025 Law360 Bankruptcy MVPs.
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November 17, 2025
Porzio Bromberg Wants Doctor's Malpractice Suit Tossed
Porzio Bromberg & Newman PC has asked the New Jersey federal court to dismiss a Louisiana doctor's lawsuit accusing the firm and one of its attorneys of legal malpractice, arguing the physician lacks standing to pursue individual claims on a bankruptcy-related matter.
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November 17, 2025
Catching Up With Delaware's Chancery Court
The Delaware Chancery Court and Delaware Supreme Court last week had a dense slate of fiduciary duty battles, merger-process challenges, post-bankruptcy fights and a series of cases probing the limits of fraud pleading, credible-basis inspections and board-level disclosure duties.
Expert Analysis
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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.
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A Judge's Pointers For Adding Spice To Dry Legal Writing
U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.
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Lessons Learned From SAS' Flight Through Chapter 11
Scandinavia's SAS is the first European airline to find its wings through the U.S. Chapter 11 process since COVID-19 rocked the aviation industry — and while the process involved some familiar steps, certain complex jurisdictional issues and non-U.S. stakeholders required the carrier to venture into uncharted airspace, says Emily Hong at Norton Rose.
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Bankruptcy Ruling Provides Guidance On 363 Asset Sales
HE v. Avadim Holdings, a recent ruling from the District of Delaware, underscores the principle that rejection of executory contracts does not unwind completed transfers of property and the importance of clear and precise language in sale orders and asset purchase agreements in bankruptcy cases, say attorneys at Eversheds Sutherland.