Mid Cap

  • May 12, 2025

    23andMe DNA Data Sale In Ch. 11 Tests Ombudsmen's Reach

    23andMe's high-stakes plan to sell customers' genetic data in bankruptcy is poised to test the limits of court-appointed consumer privacy advocates in Chapter 11 and the 20-year-old law that created them, as concerns mount over how the potentially novel deal will affect highly sensitive personal information.

  • May 12, 2025

    Will Justices Finally Rein In Universal Injunctions?

    The U.S. Supreme Court is expected to address for the first time Thursday the propriety of universal injunctions, a tool federal judges have increasingly used to broadly halt presidential orders and policy initiatives, and whose validity has haunted the high court's merits and emergency dockets for more than a decade.

  • May 12, 2025

    Atlantic City Timeshare Biz Hits Ch. 11 Amid Class Litigation

    Flagship Resort Development Corp., a prominent seller of timeshares around the Atlantic City Boardwalk, has filed for Chapter 11 protection in New Jersey bankruptcy court, in the face of mounting pressures from class actions brought by timeshare unit owners.

  • May 12, 2025

    Lowenstein Wins Bid To Combine Dispensary Suits In NJ

    A New Jersey state judge agreed Monday to Lowenstein Sandler LLP's request to have a pair of cases related to a dispute between the firm and a local cannabis dispensary consolidated.

  • May 09, 2025

    Real Estate Recap: 'Preposterous' Rule, MoFo On Debt, Big 4

    Catch up on this past week's key developments by state from Law360 Real Estate Authority — including attorney views of a U.S. Securities and Exchange Commission rule affecting real estate, one BigLaw leader's insights into new debt funds, and what the four largest brokerages said about 2025's first quarter.

  • May 09, 2025

    Pa. Top Court Snapshot: Cap & Trade, Prosecutor Power

    The scope of powers held by the Pennsylvania governor, the attorney general, and state and local utility authorities will take center stage in Harrisburg when the state Supreme Court convenes for its May session.

  • May 09, 2025

    Trustees Can't Charge Fees In Tossed Ch. 13s, 2nd Circ. Says

    A standing Chapter 13 trustee in the Eastern District of New York must return some $20,000 in fees from a dismissed bankruptcy, the Second Circuit ruled Friday, holding trustees are not entitled to charge a percentage fee on payments a debtor makes unless a plan is confirmed.

  • May 09, 2025

    No Sanctions For Bankrupt Crypto Miner In Celsius Row

    A Delaware bankruptcy judge declined Friday to impose sanctions on cryptocurrency mining company Mawson Infrastructure Group, saying she was unconvinced by Celsius Network's allegations that the involuntary debtor acted in bad faith.

  • May 09, 2025

    Brightmark Parent's $14.25M Bid Favored Over Higher Offer

    A $14.25 million bid from the parent company of a bankrupt Indiana plastics recycling plant was chosen as the winning offer for the facility, despite being valued at $250,000 less than a competing bid from the debtor's bondholders that would have liquidated the facility.

  • May 09, 2025

    Sandy Hook Families Want Alex Jones To Pay Up Amid Appeal

    A Connecticut appeals court should not extend a stay on the enforcement of a $1.3 billion judgment against bankrupt Infowars host Alex Jones while he brings his case to the U.S. Supreme Court, the families of Sandy Hook shooting victims said in opposition to his pending motion, arguing that his newly raised constitutional claims are late and meritless.

  • May 09, 2025

    Souter's Clerks Remember Him As Humble, Kind And Caring

    Former clerks of retired U.S. Supreme Court Justice David H. Souter are heartbroken over the death of a man many of them remember more for his conscientiousness, humility, kindness and disdain for the spotlight than for his undeniable brilliance as a jurist.

  • May 09, 2025

    Hiker And 'Raconteur': Atty Recalls 50-Year Bond With Souter

    Behind a towering legal legacy was a man who loved to hike mountains, could recall details of things he read decades ago and was always there for those he cared about, a New Hampshire attorney said as he reflected on a lifelong friendship with U.S. Supreme Court Justice David Souter.

  • May 09, 2025

    A Look At David Souter's Most Significant Opinions

    The retired Justice David Souter defied simple definition, viewed as a staunch conservative until he co-wrote an opinion upholding abortion rights in 1992. He did not hew to partisan lines, but reshaped the civil litigation landscape and took an unexpected stand in an extraordinarily close presidential election.

  • May 09, 2025

    Justice Souter Was An Unexpected Force Of Moderation

    Justice David Souter, who saw the high court as a moderating force apart from the messiness of politics, subverted the expectations of liberals and conservatives alike during his 19 years on the bench.

  • May 09, 2025

    Government IT Contractor Gets OK For June Ch. 11 Auction

    A New York bankruptcy judge on Friday gave government information technology contractor Sysorex Government Services permission for a June auction of its business over the objections of the U.S. Trustee's Office, which is arguing the case is being heard in the wrong venue.

  • May 09, 2025

    Retired Supreme Court Justice David Souter Dies At 85

    Retired Justice David H. Souter, who served on the U.S. Supreme Court from 1990 to 2009, has died at 85, the court announced Friday. 

  • May 08, 2025

    Girardi's Mental Health Hearing Delayed Until June

    A California federal judge on Thursday postponed a mental health evaluation hearing for Tom Girardi meant to aid the court in sentencing the disbarred attorney for his wire fraud conviction, finding that because Girardi is hospitalized and did not waive his right to be present at the proceedings, it should not go forward as scheduled. 

  • May 08, 2025

    Calif. Apartment Owner Files Ch. 11 With $46M Debt

    The owner of a 53-unit Corona, California, apartment complex has filed for Chapter 11 protection in California bankruptcy court ahead of a foreclosure proceeding with nearly $46 million in debt.

  • May 08, 2025

    Genetics Co. Synthego Can Tap Part Of Its $50M DIP Facility

    A Delaware bankruptcy judge on Thursday granted interim approval allowing California-based gene-editing technology supplier Synthego Corp. to access a portion of its $50 million debtor-in-possession financing, which is backed by its prepetition lender, as the debtor moves forward with a sale process.

  • May 08, 2025

    Asbestos Spinoff Ch. 11 Could Upend US Law, 4th Circ. Told

    Georgia-Pacific's asbestos unit Bestwall and injury claimants on Thursday accused each other of trying to fundamentally rewrite U.S. law as they argued before the Fourth Circuit on the claimant committee's attempt to have Bestwall's Chapter 11 case thrown out of court.

  • May 08, 2025

    Biotech Co. Accelerate Diagnostics Hits Ch. 11 With Sale Plan

    Medical technology company Accelerate Diagnostics Inc. filed for Chapter 11 protection in Delaware bankruptcy court Thursday with $90.2 million of debt and a plan to sell the business to lender Indaba Capital Management for $36.9 million.

  • May 07, 2025

    Girardi Hospitalized Ahead Of Mental Evaluation Hearing

    Disbarred attorney Tom Girardi was hospitalized Wednesday for a liver problem and is unable to attend a scheduled hearing Thursday before a California federal judge who is evaluating his mental health to determine if he should be sent to prison, according to a filing with the court by his attorneys. 

  • May 07, 2025

    Texas Two-Step Takes Second Step Into Appeals Courts

    The "Texas two-step" will get its second circuit court test Thursday, as a Fourth Circuit panel takes up the question of whether Georgia-Pacific LLC's funding of the asbestos liabilities of its spinoff Bestwall LLC takes the company out of the jurisdiction of the bankruptcy court.

  • May 07, 2025

    Chubb Can't Get Archdiocese's Abuse Coverage Suit Trimmed

    A New York state court refused Wednesday to toss the Archdiocese of New York's claims for bad faith and violations of the state's deceptive trade practices law in a suit seeking coverage from Chubb units for thousands of sexual abuse lawsuits.

  • May 07, 2025

    Exactech Creditors Can't Redistribute Solicitation Packages

    A Delaware bankruptcy judge on Wednesday denied a bid from Exactech's official committee of unsecured creditors to redistribute solicitation packages sent to tort claimants, saying there was no legal basis to approve the proposed change.

Expert Analysis

  • Playing Guitar Makes Me A Better Lawyer

    Author Photo

    Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.

  • Crisis Management Lessons From The Parenting Playbook

    Author Photo

    The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.

  • Immunity Waiver Ruling A Setback For Ch. 7 Trustees

    Author Photo

    While governmental units should welcome the U.S. Supreme Court's recent decision in U.S. v. Miller restricting the reach of the Bankruptcy Code's sovereign immunity waiver, Chapter 7 trustees now have a limited ability to maximize bankruptcy estates, says Dan Prieto at Jones Day.

  • Adapting To Private Practice: From NY Fed To BigLaw

    Author Photo

    While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.

  • Top 3 Litigation Finance Deal-Killers, And How To Avoid Them

    Author Photo

    Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.

  • Tracking The Evolution Of Liability Management Exercises

    Author Photo

    As liability management exercises face increasing legal scrutiny, understanding the history of these debt restructuring tools can help explain how the playbook keeps adapting — and why the next move is always just one ruling or transaction away, say attorneys at Weil.

  • 3 Steps For In-House Counsel To Assess Litigation Claims

    Author Photo

    Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.

  • Negotiating Triparty Hotel Agreements To Withstand Risk

    Author Photo

    Brewing economic uncertainty in the hospitality industry underscores the importance of subordination, nondisturbance and attornment agreements, and hotel managers should tightly negotiate these agreements to ensure remedies will not disturb key rights, say attorneys at Sidley.

  • Adapting To Private Practice: From DOJ Enviro To Mid-Law

    Author Photo

    Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.

  • Addressing D&O Allocation Questions Amid Shifting Economy

    Author Photo

    As increasing global insolvency this year may lead to an increase in directors and officers insurance claims, businesses should review their policies' allocation provisions to avoid negotiating how coverage will apply to covered and uncovered claims during a suit, say attorneys at Reed Smith.

  • Legal Ethics Considerations For Law Firm Pro Bono Deals

    Author Photo

    If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.

  • Cannabis Deregulation Raises Bankruptcy Access Questions

    Author Photo

    Attorneys at Thompson Coburn explore why cannabis companies have been historically prohibited from filing for bankruptcy, certain exceptions to the general rule, and the potential effects of federal deregulation on such companies' bankruptcy eligibility.

  • Playing Football Made Me A Better Lawyer

    Author Photo

    While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.