Mid Cap
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June 02, 2025
Fla. Judge Ends Ex-Bank CEO's Fraud Claims In Ponzi Case
A Florida state court judge on Monday ended a long-running suit by a former bank CEO who claims he was set up as a scapegoat in the legal fallout of attorney Scott Rothstein's $1.2 billion Ponzi scheme, dismissing the ex-CEO's fraud and negligent misrepresentation claims.
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June 02, 2025
Exactech Seeks More Time For Ch. 11 Settlement Talks
Joint implant maker Exactech told a Delaware bankruptcy judge on Monday it needs additional time to negotiate with creditors and others on the terms of a potentially consensual Chapter 11 plan, days after the company called off a hearing on an earlier reorganization deal that faced heavy opposition.
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June 02, 2025
Highland Plan Ruling Stayed, Franchise Group Plan Mostly OK
The U.S. Supreme Court paused a Fifth Circuit order invalidating certain liability shields in hedge fund Highland Capital's Chapter 11 plan, Vitamin Shoppe owner Franchise Group got most of its reorganization proposal confirmed in court and Steward Health Care's bankruptcy plan went out for creditor voting.
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June 02, 2025
Girardi's Dropped Pants Don't Sway Judge From Sentencing
A California federal judge ruled Monday she will sentence Tom Girardi this week for his wire fraud conviction, finding him mentally competent enough to potentially serve prison time following a bizarre hearing where the disbarred attorney made an appearance on the witness stand that culminated in his pants falling down.
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June 02, 2025
Jackson Walker, US Trustee Agree To Mediator In Fees Case
Jackson Walker LLP and the federal government's bankruptcy watchdog have agreed to mediation in their fee dispute stemming from an ethics scandal in Texas, with the two sides agreeing that retired judge Joan N. Feeney should mediate.
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June 02, 2025
Mayer Brown Adds Restructuring Co-Head From Cahill Gordon
An attorney specializing in assisting corporate clients with bankruptcy matters has recently left Cahill Gordon & Reindel LLP after more than 17 years and moved his practice to Mayer Brown LLP, where he has been tapped to co-lead the firm's restructuring group.
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June 02, 2025
Sunnova Energy Sends Unit Into Ch. 11 With Over $100M Debt
A unit of residential solar company Sunnova Energy International Inc. filed for Chapter 11 protection in Texas bankruptcy court with up to $500 million in both assets and debt, saying it has considered a potential sale of the business or a restructuring deal.
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June 02, 2025
Va. Landfill Says Waste Treatment Costs Sent It Into Ch. 11
The owner of a closed-down Virginia landfill has filed for Chapter 11 protection in Delaware bankruptcy court with just over $183 million in debt, saying its costs for treating toxic wastewater exploded after an ex-employee falsified reports.
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May 30, 2025
Parents Bail Out Bankrupt Private School In Manhattan
The parents of students at a bankrupt Manhattan private school on Friday received approval from a New York bankruptcy judge to lend the school $280,000 to make payroll in a down-to-the-wire deal after a potential financing deal from an insider fell apart.
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May 30, 2025
US Trustee Says CarePoint Can't Retroactively Hire K&L Gates
The U.S. Trustee's Office has asked a Delaware bankruptcy judge not to allow hospital chain CarePoint to retain K&L Gates LLP as special litigation counsel retroactively to the start of the bankruptcy case, saying the company has not shown the "extraordinary circumstances" that would warrant such a move.
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May 30, 2025
Ch. 7 Trustee Can Claw Back Merchant Cash Advances
Payments made to a merchant cash advance lender by a now-insolvent business can be clawed back as avoidable transfers, a New York bankruptcy judge ruled Friday, siding with a Chapter 7 trustee for the bankruptcy estate of JPR Mechanical, a commercial heating and air conditioning company.
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May 30, 2025
What's Happening In Bankruptcy Court This Coming Week
This coming week, bankruptcy judges will hear arguments regarding the Chapter 11 plans of the Catholic diocese in Syracuse, New York, medical device manufacturer Exactech and nursing facility operator Petersen Health Care. Meanwhile, genetics company Synthego is seeking final approval of $50 million in debtor-in-possession financing. Additionally, right-wing conspiracy theorist Alex Jones is preparing for a status conference in his Chapter 7 case.
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May 30, 2025
Barclay Damon Adds Ex-Lite DePalma Bankruptcy Chair
Barclay Damon LLP has added the former chair of Lite DePalma Greenberg & Afanador LLC's corporate, commercial and bankruptcy department to bolster its bankruptcy team and enhance its commercial and corporate litigation services.
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May 30, 2025
ENGlobal Gets Tentative OK To Take Votes On Ch. 11 Plan
Construction and engineering group ENGlobal received initial approval from a Texas bankruptcy judge Friday to send its Chapter 11 plan to creditors for voting, after lawyers representing the debtor said they would send the court a liquidation analysis by the end of the day.
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May 30, 2025
Trump Admin To Defend Biden's For-Profit College Loan Rule
The Trump administration will defend parts of a Biden-era U.S. Department of Education rule allowing students to have their federal loans forgiven over their college's misconduct, asking the U.S. Supreme Court to resume briefing in a case that will pit the administration against the for-profit college industry.
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May 30, 2025
Titans Of The Plaintiffs Bar: Philippe & Jennifer Selendy
Philippe and Jennifer Selendy, who met as associates at Cravath Swaine & Moore LLP and married in 1997, each spent nearly three decades building distinguished legal careers. They now continue their partnership at Selendy Gay PLLC, founded in 2018, which has quickly grown into one of the nation's leading litigation firms, recovering more than $47 billion for their clients.
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May 30, 2025
IT Contractor's Retainer Deposit Enough To Keep Ch. 11 In NY
A New York bankruptcy judge ruled Friday that information technology contractor Sysorex Government Services Inc.'s retainer on deposit for its Chapter 11 counsel was enough to establish venue in New York, rejecting an attempt by the U.S. Trustee's Office to get the proceeding moved to another court.
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May 30, 2025
Ex-Tilton Portfolio Co. Files Ch. 7 With $88M Debt
Intrepid USA Inc., a home health and hospice service provider that was part of Lynn Tilton's turnaround empire, has filed for Chapter 7 liquidation in a Texas bankruptcy court with more than $88 million in debt, nearly all stemming from its 2024 sale.
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May 30, 2025
Judge Balks At Trimming Ex-GC's Bias Suit Before Arbitration
A New York federal judge rejected a recommendation to narrow and then send to arbitration a Black former general counsel's suit claiming she was fired from The Palm steakhouse chain out of race bias after her cancer diagnosis, saying the whole dispute needs to go to an arbitrator.
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May 30, 2025
3rd Circ. Preview: Tribal Immunity Limits On Deck For June
The Third Circuit's June argument lineup will find a finance company fighting a proposed class action over allegedly predatory payday loan fees because of its tribal ties, while a plumbing company argues that it does not have to arbitrate a union grievance.
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May 29, 2025
Real Estate CFO, Mogul's Daughter Dodge Two Trustee Claims
The chief financial officer of bankrupt construction services company Gateway Development Group Inc. and the daughter of the company's chair have escaped a Chapter 7 trustee's claims that they helped the chair breach his fiduciary duties, with a judge ruling the claims aren't recognized under Connecticut law.
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May 29, 2025
Under The Radar: Bankruptcy News You May Have Missed
A creditors committee objected to Party City's liquidator, Gordon Brothers, being classified as an estate professional entitled to funds in the retailer's bankruptcy. Blue Cross Blue Shield of Massachusetts challenged Steward Health Care's Chapter 11 liquidation plan, and the debtor proposed a revised plan featuring a settlement. And customer loyalty company Kognitiv moved to dismiss its Chapter 11 case, saying it has nothing left to sell.
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May 29, 2025
Montgomery McCracken Wins $680K Fees From Ch. 11 Client
A group of property development companies that Montgomery McCracken Walker & Rhoads LLP represented through years of bankruptcy reorganization still owe the firm $680,000, a Pennsylvania federal judge ruled Wednesday.
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May 29, 2025
Stevens & Lee Adds Montgomery McCracken Bankruptcy Atty
Stevens & Lee announced Thursday it has hired an attorney who formerly worked at Montgomery McCracken Walker & Rhoads LLP to bolster its bankruptcy and financial restructuring group in Delaware.
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May 29, 2025
South Korean Insurer Sues To Enforce $14M Judgment In NY
The Korea Deposit Insurance Corp. has urged a New York federal court to recognize and enforce a $14.4 million judgment it secured in South Korea against a man who defaulted on a bank loan.
Expert Analysis
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Legal Profession Gender Parity Requires Equal Parental Leave
To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.
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How Cannabis Cos. Are Adapting In Shifting Bankruptcy Arena
Recent bankruptcy cases show that federal courts have begun to demonstrate more openness to downstream businesses in the cannabis industry, and that even though receivership can be a viable option for those denied access to the bankruptcy system, it is not without its own risks and complexities, say attorneys at Troutman Pepper.
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Pa. City Ch. 9 Ruling Raises Municipal Financing Concerns
A Pennsylvania district court’s recent ruling in a Chapter 9 case filed by the city of Chester, Pennsylvania, strengthens the foundations of the municipal bond market, but also demonstrates that bankruptcy courts continue to struggle with some of the features of municipal revenue bonds and issue rulings that contradict market expectations, say attorneys at Cadwalader.
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Writing Thriller Novels Makes Me A Better Lawyer
Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.
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What Lawyers Must Know About Calif. State Bar's AI Guidance
Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.
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Industry Must Elevate Native American Women Attys' Stories
The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.
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Pa. Ruling Shows Why Term Sheet Can Be Worth The Wait
A Pennsylvania bankruptcy court’s recent In re: Legarde ruling, holding that a settlement term sheet was enforceable, reminds litigants that it’s crucial to draft a written agreement before leaving mediation in order to resolve potential evidentiary issues and protect against buyer’s remorse, says Brian Shaw at Cozen O'Connor.
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Understanding Discovery Obligations In Era Of Generative AI
Excerpt from Practical Guidance
Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.
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Asserting 'Presence-Of-Counsel' Defense In Securities Trials
As illustrated by the fraud trial of FTX founder Sam Bankman-Fried, defense attorneys in securities trials might consider arguing that counsel had some involvement in the conduct at issue — if the more formal advice-of-counsel defense is unavailable and circumstances allow for a privilege waiver, say Joseph Dever and Matthew Elkin at Cozen O'Connor.
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Crypto Has Democratized Trading In Bankruptcy Claims
Following the pandemic, there has been a wave of cryptocurrency bankruptcies and a related increase in access to information, allowing nontraditional bankruptcy investors to purchase claims and democratizing a once closed segment of alternative investing, says Joseph Sarachek at Strategic Liquidity.
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The Case For Post-Bar Clerk Training Programs At Law Firms
In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.
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5 Key Tips For Attorneys In The Subchapter V Arena
Subchapter V cases present unique challenges for the nondebtor parties-in-interest, and habits developed by attorneys in typical Chapter 11 cases do not necessarily translate, meaning creditors and their counsel should quickly take a proactive role in their cases to protect their interests, which can be done by attending the 341 meeting, analyzing the plan, and more, says Kelly Singer at Squire Patton.
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Attorneys Have An Ethical Duty To Protect The Judiciary
The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.