Large Cap

  • April 21, 2025

    J&J Alleges Records Purge; Judge Flags Exactech Fee Surge

    A group of asbestos litigation defendants, including Johnson & Johnson, accused 10 asbestos trusts of trying to destroy evidence linked to tens of thousands of potential cases; a judge expressed concerns about Exactech's soaring legal fees; and the Third Circuit vacated a bankruptcy court's ruling to unseal records in Essar Steel's case, citing use of the wrong legal standard. This is the week in bankruptcy. 

  • April 21, 2025

    Nylon Maker Files Ch. 11 In Texas With More Than $1B Debt

    Nylon maker Ascend Performance Materials on Monday filed for Chapter 11 protection in a Texas bankruptcy court, saying it plans to work with its lenders to deleverage its more than $1 billion in debt.

  • April 21, 2025

    Exela Technologies Facing Inter-Lender Ch. 11 DIP Fight

    Business automation group Exela Technologies told a Texas bankruptcy judge Monday that while it resolved unsecured creditor objections to final approval of its $185 million debtor-in-possession loan, it is still facing pushback from a faction of DIP lenders.

  • April 21, 2025

    Justices Won't Hear Mall Of America's Sears Lease Dispute

    The U.S. Supreme Court on Monday declined to hear a case filed by the owner of Minnesota's Mall of America against Sears Holding Corp. over a transfer of a 100-year lease for an anchor store location, leaving in place a lower court's finding that the mall's lease was not a "true" contract.

  • April 18, 2025

    Gamestop CEO Can't Stop Bed Bath & Beyond Trading Suit

    A Manhattan federal judge trimmed a $47 million lawsuit from the bankrupt retailer once known as Bed Bath & Beyond accusing GameStop's CEO of insider trading before the housewares giant went belly-up, but says "ample" public information would have told the businessman he had enough stock to be a corporate insider.

  • April 18, 2025

    Under the Radar: Bankruptcy News You May Have Missed

    A Burger King franchisee went bankrupt after a dispute with the corporation; individuals suing Johnson & Johnson over talc liability tried to revive the pharmaceutical giant's Texas two-step bankruptcy; and supplement company Irwin Naturals lost control of its bankruptcy case.

  • April 18, 2025

    Eletson's New Owners Look To Oust Reed Smith From Cases

    Reorganized Greek oil shipping group Eletson Holdings Inc. has told a New York bankruptcy judge that Reed Smith LLP should stop representing the company and its former owners in litigation and appeals or face sanctions.

  • April 18, 2025

    Skadden Atty Joins Milbank's Financial Restructuring Group

    Milbank LLP has added a longtime Skadden counsel as a partner in its financial restructuring group in the New York office, as part of the firm's ongoing global expansion of its restructuring practice.

  • April 18, 2025

    Zips Car Wash Gets OK For $279M Debt-Swap Ch. 11 Plan

    A Texas bankruptcy judge on Friday approved Zips Car Wash's $279 million debt-swap reorganization, overriding the U.S. Trustee's office's arguments against the plan's claims releases for third parties.

  • April 17, 2025

    K&L Gates Bungled Crypto Co.'s Bankruptcy Claim, Suit Says

    Gryphon Digital Mining has sued its former counsel K&L Gates LLP, claiming it dropped the ball on a bankruptcy filing that cost the company millions of dollars and complicated another legal case, all while allegedly overbilling the crypto mining firm by $1 million for related matters.

  • April 17, 2025

    Meet The Attys Leading Global Clean Energy In Ch. 11

    A group of lawyers from Norton Rose Fulbright and Kirkland & Ellis LLP is representing renewable fuel company Global Clean Energy Holdings Inc.'s Chapter 11, as the company is holding a prearranged restructuring plan supported by most of its secured lenders. 

  • April 17, 2025

    Mitel Networks Gets Ch. 11 Plan Confirmed In Texas

    A Texas bankruptcy judge on Thursday approved telecommunications group Mitel Networks' disclosures regarding its prepackaged Chapter 11 plan and confirmed the company's reorganization proposal, overruling an objection from the U.S. Trustee's Office regarding claims release provisions.

  • April 17, 2025

    Exela Gets OK For $5M Financing While In DIP Talks

    A Texas bankruptcy judge gave Excela Technologies the go-ahead for a $5 million transaction as a stopgap while the payment processing company works to resolve objections to the final order for its proposed $185 million in Chapter 11 financing.

  • April 17, 2025

    Forever 21's Paul Weiss Hire Approved In Ch. 11 Case

    Clothing retailer Forever 21 reached an agreement with the U.S. Trustee late Wednesday that will allow the company to retain law firm Paul Weiss Rifkind Wharton & Garrison LLP as special counsel related to asset sales after the parties agreed to a more limited scope of work for the firm.

  • April 17, 2025

    FTX Can Serve Binance Execs Via Email In $1.76B Suit

    A Delaware bankruptcy judge has allowed the FTX Recovery Trust to serve a $1.76 billion clawback suit against Binance via alternative means, saying the trust may serve the suit on two ex-Binance executives by email or social media.

  • April 17, 2025

    Petersen Health Gets Initial OK To Take Votes On Ch. 11 Plan

    A Delaware bankruptcy judge on Thursday provisionally approved skilled nursing facility operator Petersen Health Care's bid to send its Chapter 11 liquidation plan out to creditors for voting, months after the company sold off most of its assets.

  • April 17, 2025

    Dorsey & Whitney Adds DOJ Bankruptcy Ace In Del., NY

    Dorsey & Whitney LLP has fortified its bankruptcy and financial restructuring group in Delaware and New York with an attorney who came aboard from the U.S. Department of Justice.

  • April 16, 2025

    3rd Circ. Punts Mining Co. Document Fight To Ch. 11 Judge

    The Third Circuit vacated a Delaware bankruptcy judge's order to unseal records a successor of Essar Steel's U.S. unit is seeking to bolster its antitrust claims against Cleveland-Cliffs, ruling Wednesday that the Chapter 11 judge used the wrong standard.

  • April 16, 2025

    Limits On Conn. Biz Law Stay In Effect In Sandy Hook Case

    A Connecticut appeals court's $150 million paring of a $1.44 billion judgment against Infowars host Alex Jones for defaming the Sandy Hook Elementary School shooting victims' families was a shift away from a broader view of the state's most popular business litigation statute, several experts told Law360.

  • April 16, 2025

    Imerys Says Italian Unit In Danger From Talc Lawsuits

    Bankrupt talc producer Imerys Talc America on Wednesday defended its recent move to file a Chapter 11 case for its Italian subsidiary, saying the foreign unit is facing imminent financial danger should it be targeted in talc injury suits.

  • April 16, 2025

    Franchise Group Pursues $194M Ch. 11 Asset Sale

    Retail chain owner Franchise Group urged a Delaware bankruptcy judge Wednesday to let it sell its Vitamin Shoppe assets to a buyer offering nearly $194 million to take the assets and some related liabilities off the debtor's hands.

  • April 16, 2025

    Texas Judge Romance Fees Trial Nixed After Disputes Moved

    A Texas federal bankruptcy judge on Wednesday canceled an upcoming trial after a federal district court agreed to preside over a suit brought by the U.S. Trustee's Office in an effort to make Jackson Walker LLP forfeit fees from more than 30 cases overseen by a former bankruptcy judge who was romantically involved with a onetime partner at the firm.

  • April 16, 2025

    Reed Smith Wins Stay Order In Eletson Shipping Feud

    For now, Reed Smith will not be compelled to turn over a client file to the new owners of reorganized international shipping group Eletson, following a temporary stay issued by the Second Circuit amid the BigLaw firm's fight to continue representing the company's prebankruptcy shareholders.

  • April 16, 2025

    Global Clean Energy Files Ch. 11 With Over $2B In Debt

    Renewable fuels company Global Clean Energy Holdings Inc. filed for Chapter 11 relief Wednesday in Texas with more than $2 billion of liabilities, about $2 million of cash on hand and a prearranged restructuring plan supported by most of its secured lenders.

  • April 15, 2025

    Talc Claimants Say It's Time To End Barretts' Ch. 11

    Talc injury claimants on Tuesday continued to press a Texas bankruptcy judge to dismiss Barretts Minerals Inc.'s Chapter 11 case, while the judge said he was concerned the company had not yet put a value on claims its parent company failed to properly test for asbestos in its talc.

Expert Analysis

  • Adventure Photography Makes Me A Better Lawyer

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    Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.

  • How Ch. 11 Can Alleviate Merchant Cash Advance Concerns

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    Merchant cash advance funding is one of the biggest challenges for small businesses today because funders are so prevalent, aggressive and expensive, but bankruptcy can provide several tools for dealing with MCA agreements that may allow the debtor business to restructure and survive, says Patricia Fugée at FisherBroyles.

  • 5 Ways To Create Effective Mock Assignments For Associates

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    In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.

  • 8 Lessons Yellow Corp. Layoffs Can Teach Distressed Cos.

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    A Delaware bankruptcy court’s recent decision, examining trucking company Yellow Corp.’s abrupt termination of roughly 25,500 employees, offers financially distressed businesses a road map for navigating layoffs under the Worker Adjustment and Retraining Notification Act, say attorneys at King & Spalding.

  • Mentorship Resolutions For The New Year

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    Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.

  • Coaching Little League Makes Me A Better Lawyer

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    While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.

  • 5 Litigation Funding Trends To Note In 2025

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    Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.

  • Rethinking Litigation Risk And What It Really Means To Win

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    Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.

  • Lessons From Two New Year's Eve Uptier Exchange Decisions

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    On the last day of 2024, two different courts issued important decisions relating to non-pro rata uptier exchanges — and while they differ, both rulings highlight that transactions effected in reliance on undefined terms in debt agreements come with increased risk, say attorneys at Simpson Thacher.

  • Playing Rugby Makes Me A Better Lawyer

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    My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.

  • No, Litigation Funders Are Not 'Fleeing' The District Of Del.

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    A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.

  • 5 E-Discovery Predictions For 2025 And Beyond

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    In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.

  • 7 Ways 2nd Trump Administration May Affect Partner Hiring

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    President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.

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