Bankruptcy

  • July 08, 2022

    Biggest Energy-Related Rulings Of 2022: Midyear Report

    A blockbuster U.S. Supreme Court ruling that curbs the federal government's climate change authority capped a first half of 2022 that produced several court decisions with major implications for the energy industry. Here's a rundown of some of the biggest energy-related court decisions issued so far this year.

  • July 08, 2022

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen Warner Bros in two separate suits over copyright, Visa facing another competition suit over its fees, and a Scottish businessman suing a finance company for professional negligence over a failed Scottish news venture. Here, Law360 looks at these and other new claims in the U.K.

  • July 07, 2022

    2nd Circ. Finds Foreclosure Sale Violated Bankruptcy Stay

    The Second Circuit has found the bankruptcy of the occupant of a Long Island property should have halted its foreclosure sale despite the fact she didn't directly hold the title, since she had been named in the foreclosure proceeding.

  • July 07, 2022

    Global Securities Watchdog Charts Out Crypto 'Road Map'

    A global markets watchdog said Thursday that it will deliver policy recommendations by the end of next year to help securities regulators improve oversight of digital assets, focusing on crypto products and decentralized finance systems.

  • July 07, 2022

    Ch. 11 Cheat Sheet: Voyager Digital Holdings Inc.

    Cryptocurrency brokerage Voyager Digital Holdings Inc. filed for Chapter 11 protection in New York court July 5, saying it was experiencing a run on the bank at a time when crypto values were plummeting worldwide.

  • July 07, 2022

    Crypto Winter Starts, Mediation Sought For Sex Abuse Claims

    The global collapse of cryptocurrency prices tipped two firms into bankruptcy, a New York youth club is seeking a quick mediation of sex abuse claims, and a pilot strike caused a Scandinavian airline to file for Chapter 11 earlier than expected. This is the week in bankruptcy.

  • July 07, 2022

    SAS To Start Labor Talks To Help Ch. 11 Financing Search

    Bankrupt Scandinavian airline SAS AB told a New York judge Thursday that it plans to commence mediation with a striking pilots union quickly as the labor strife is costing the company more than $10 million per day at a time when it is seeking a large Chapter 11 loan.

  • July 07, 2022

    Sidley Taps Kirkland Atty To Head Global Restructuring Group

    Sidley Austin LLP has hired a restructuring partner who has handled some of Kirkland & Ellis LLP's biggest Chapter 11 cases to lead its restructuring practice, the firm has announced.

  • July 07, 2022

    Edelson Suit Claims Girardi Stole $100M From Clients, Others

    Edelson PC filed a federal suit in California alleging the now-defunct Girardi Keese law firm stole more than $100 million from clients, co-counsel, vendors and "many others unfortunate enough to do business with the firm."

  • July 06, 2022

    FirstEnergy Investors Lose Bid To Get Bribe Suit Tossed

    FirstEnergy Corp. shareholders were dealt another setback in trying to finalize a $180 million settlement when an Ohio federal judge rejected a joint bid to toss a suit over the company's billion-dollar nuclear energy bailout bribery scandal, saying the parties did not properly notify shareholders about their dismissal bid and seem to be forum shopping for settlement approval.

  • July 06, 2022

    Experian Not Responsible For Fla. Consumer's Faulty Report

    Experian has prevailed in a dispute with a consumer whose credit report falsely claimed he was delinquent on a mortgage, after a Florida federal jury determined that the credit reporting company did not violate its duty under the Fair Credit Reporting Act to ensure the accuracy of the information in its reports.

  • July 06, 2022

    Ch. 11 Cheat Sheet: SAS AB

    SAS AB, the national air carrier of Sweden, Norway and Denmark, filed for Chapter 11 protection July 5 after a labor action by the union representing more than 1,000 of its pilots forced the company to commence a bankruptcy case earlier than expected.

  • July 06, 2022

    Ohio Bankruptcy Court To Divvy Up Cases After Judge Retires

    As the number of bankruptcy cases in northern Ohio dwindles, the court there is preparing for the likelihood that a soon-to-be-vacated judicial seat will not be immediately filed, and that the other judges will have to take on more cases.

  • July 06, 2022

    J&J Talc Unit Headed For Pivotal Ch. 11 Hearing

    The New Jersey bankruptcy judge presiding over the Chapter 11 case of Johnson & Johnson's talc unit urged the debtor, its insurers and the committee representing thousands of talc injury claimants to continue meaningful engagement in mediation ahead of a critical hearing set for later this month.

  • July 06, 2022

    Scandinavian Airlines Seeking $700M In Ch. 11 Financing

    Forced to file for bankruptcy ahead of schedule due to a pilot strike, Scandinavian Airlines System will focus on securing final commitment for $700 million in Chapter 11 financing in the coming weeks that will help fund its case and complete a broad financial and operational restructuring.

  • July 06, 2022

    Crypto Platform Voyager Hits Ch. 11 Amid 'Cryptopocalypse'

    Cryptocurrency brokerage Voyager Digital filed for Chapter 11 protection in New York, saying it's grappling with a "short-term 'run on the bank'" and the effects of a more than $650 million defaulted loan to hedge fund Three Arrows Capital.

  • July 01, 2022

    Supreme Court Embraces Originalism In 'Momentous' Term

    The October 2021 Supreme Court term will be remembered as the most consequential one in generations, experts said, pointing to sweeping rulings affecting the rights of millions of Americans and establishing a new conservative vision of constitutional law.

  • July 01, 2022

    Pro Say & The Term Discuss A Historic Supreme Court Term

    A U.S. Supreme Court term that by any measure was historic has concluded, and it takes a village of podcasters to untangle everything that happened. So this week, hosts from Pro Say team up with the hosts of The Term to discuss this momentous term.

  • July 01, 2022

    First Guaranty Mortgage Gets Court OK To Tap $11M

    Mortgage lender First Guaranty Mortgage Corp. got court permission Friday to access $11 million of a bankruptcy financing package after resolving multiple objections from its banking partners and unsecured creditors at a virtual first day hearing.

  • July 01, 2022

    Top Personal Injury, Med Mal News: Midyear Report

    A U.S. Supreme Court ruling that Florida has broad authority to recoup Medicaid costs from plaintiffs' injury awards and a rapid $1 billion settlement of litigation related to the Surfside condo collapse are among Law360's top personal injury and medical malpractice cases for the first six months of 2022.

  • July 01, 2022

    Ch. 11 Cheat Sheet: First Guaranty Mortgage Corp.

    Residential mortgage lender First Guaranty Mortgage Corp. filed for Chapter 11 protection in Delaware bankruptcy court in the midst of cash flow problems arising from a downturn in the mortgage origination and refinancing business.

  • July 01, 2022

    New York Youth Club Targets Quick Ch. 11 Claim Mediation

    Madison Square Boys & Girls Club told a New York bankruptcy judge Friday that it wants to get going with mediation on nearly 150 sexual abuse claims as soon as possible to stave off a potential liquidation, which is likely absent a negotiated settlement.

  • July 01, 2022

    Ch. 11 Cheat Sheet: Madison Square Boys & Girls Club

    New York youth recreation program Madison Square Boys & Girls Club Inc. filed for Chapter 11 protection June 29 to deal with nearly 150 claims for childhood sexual abuse dating back to the 1940s.

  • July 01, 2022

    The Firms That Won Big At The Supreme Court

    Oral arguments at the U.S. Supreme Court are always a singular experience, the more so this term as the justices returned to hearing cases in person after being remote last term.

  • July 01, 2022

    The Sharpest Dissents From The Supreme Court Term

    Most of this term's U.S. Supreme Court dissents came from its left-leaning justices, who accused the conservative majority of voting politically, flouting decades of precedent and harming the legitimacy of the court itself.

Expert Analysis

  • Opinion

    The Problem With GOP Attack On Jackson Immigration Ruling

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    Republican criticism of Judge Ketanji Brown Jackson's decision in Make the Road New York v. McAleenan, halting a Trump administration immigration policy, is problematic because the ruling actually furthered the separation of powers ideals that the GOP claims to support, says Thomas Berry at the Cato Institute.

  • Opinion

    Ethics Principles Call For Justice Thomas Recusal On Election

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    While the U.S. Supreme Court has provided limited guidance on when justices must recuse themselves, the rules and statutes governing judicial recusals make it clear that Justice Clarence Thomas should not rule on issues related to the Jan. 6 Capitol riot, considering his wife's involvement in efforts to overturn the 2020 election, says Hilary Gerzhoy at Harris Wiltshire.

  • Emerging Economic Effects From Russia-Ukraine War

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    While the full economic effects of Russia's invasion of Ukraine will only become clear with time, some of the geopolitical and financial consequences are already becoming apparent, such as a possible shift from the petrodollar, Russian debt default and investor asset recovery complications, say attorneys at King & Spalding.

  • 5 Ways Law Firm Leaders Can Prioritize Strategic Thinking

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    Consultant Patrick McKenna discusses how law firm leaders can make time for strategic projects to keep pace with the rate of change in the profession today, as 24/7 technology-abetted demands mean leaders are spending less time exploring new opportunities and more time solving problems.

  • How Law Schools Can Navigate Toward Equity And Inclusion

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    Law schools have a responsibility to do more than admit students from underrepresented populations — they must understand the challenges that minority law students face, learn why so few reach the highest levels of the legal profession, and introduce programs that help foster inclusion and reduce inequities, says Jennifer Rosato Perea at DePaul College of Law.

  • Where Judge Jackson Stands On Key Civil Procedure Issues

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    During Judge Ketanji Brown Jackson’s confirmation hearings this week, senators didn’t question her on the many procedural issues that frequently come before the U.S. Supreme Court, but a deep dive into her judicial record illuminates her stance on Article III standing, personal jurisdiction and more, says James Wagstaffe at Wagstaffe von Loewenfeldt Busch.

  • What 5th Circ. Ruling Means For FERC's Bankruptcy Authority

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    The Fifth Circuit's recent ruling in Federal Energy Regulatory Commission v. Ultra Resources, prioritizing the power of rejection over FERC's authority, could set the stage for a disagreement among circuit courts over the extent of FERC's involvement in the bankruptcy contract rejection process, say attorneys at Bracewell.

  • How To Avoid Prematurely Publicizing A Case Outcome

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    The lessons of a recent U.K. case involving Matrix Chambers' premature social media posts that violated a court embargo are relevant in the U.S. as well, reminding law firms to ensure plans to publicize a case are shielded from accidental violations of court sealing and gag orders, says Elizabeth Ortega at ECO Strategic Communications.

  • Opinion

    It's Time To Hold DC Judges Accountable For Misconduct

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    On the heels of Thursday's congressional hearing on workplace protections for judiciary employees, former law clerk Aliza Shatzman recounts her experience of harassment by a D.C. Superior Court judge — and argues that the proposed Judiciary Accountability Act, which would extend vital anti-discrimination protections to federal court employees, should also include D.C. courts.

  • 4 Ways To Preserve Confidentiality Of Litigation Funding Docs

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    Though two recent rulings by Massachusetts and Illinois federal courts add to the growing body of case law denying discovery into litigation funding arrangements, prudence necessitates that lawyers, clients and funders follow certain best practices to ensure that their communications are not discoverable by opposing parties, says Stewart Ackerly at Statera Capital.

  • Rebuttal

    Remote Hearings Are Ill-Suited Default For Litigation Realities

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    A recent Law360 guest article suggests that remote proceedings should be the default in civil litigation even after the pandemic, but courts should continue to give parties the option to appear in person because it can actually save long-term costs, prepare younger attorneys more effectively, and bring a necessary degree of seriousness to hearings, says Mark​ Eisen at Benesch Friedlander.

  • Perspectives

    ABA's New Anti-Bias Curriculum Rule Is Insufficient

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    The American Bar Association's recently approved requirement that law schools educate students on bias, cross-cultural competency and racism, while a step in the right direction, fails to publicly acknowledge and commit to eradicating the systemic racial inequality in our legal system, says criminal defense attorney Donna Mulvihill Fehrmann.

  • Ch. 11 Ruling Offers Lessons On Avoiding Deal Dismantlement

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    A Mississippi bankruptcy court's recent ruling in Express Grain Terminals illustrates how memorializing a deal in multiple contracts can affect a debtor's ability to dismantle that deal in bankruptcy, and offers some drafting lessons, says Lisa Tancredi at Womble Bond.

  • Opinion

    Remote Hearings Should Be The Default In Civil Litigation

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    The Federal Rules of Civil Procedure impose an affirmative duty on courts to eliminate undue cost, so remote hearings should be the default in civil litigation even after the pandemic, while in-person hearings must justify their existence, says Joshua Sohn at the U.S. Department of Justice.

  • Attorneys Today Need To Depose Like There's No Tomorrow

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    With people leaving the workforce in droves amid the “Great Resignation” and with younger workers less inclined to stay in one place for long, attorneys need to adjust their deposition strategies to minimize risks of losing crucial witnesses who may move on from a client or opponent company before a case goes to trial, say Anthony Argiropoulos and Maximilian Cadmus at Epstein Becker.

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