Mid Cap

  • July 05, 2024

    Insurer Says No Sanctions Needed For Abuse Survivors Leak

    An insurance carrier for the bankrupt Roman Catholic Diocese of Syracuse is asking a New York bankruptcy judge to reject a request that she sanction it for leaking information about sexual abuse survivors, saying it shouldn't be punished for mistakes it's already fixed.

  • July 05, 2024

    How Reshaped Circuit Courts Are Faring At The High Court

    Seminal rulings from the U.S. Supreme Court's latest term will reshape many facets of American society in the coming years. Already, however, the rulings offer glimpses of how the justices view specific circuit courts, which have themselves been reshaped by an abundance of new judges.

  • July 05, 2024

    Breaking Down The Vote: The High Court Term In Review

    The U.S. Supreme Court's lethargic pace of decision-making this term left the justices to issue a slew of highly anticipated and controversial rulings during the term's final week — rulings that put the court's ideological divisions on vivid display. Here, Law360 takes a data dive into the numbers behind this court term.

  • July 05, 2024

    High Court Flexes Muscle To Limit Administrative State

    The U.S. Supreme Court's dismantling of a 40-year-old judicial deference doctrine, coupled with rulings stripping federal agencies of certain enforcement powers and exposing them to additional litigation, has established the October 2023 term as likely the most consequential in administrative law history.

  • July 05, 2024

    The Sharpest Dissents From The Supreme Court Term

    The U.S. Supreme Court's session ended with a series of blockbuster cases that granted the president broad immunity, changed federal gun policy and kneecapped administrative agencies. And many of the biggest decisions fell along partisan lines.

  • July 05, 2024

    5 Moments That Shaped The Supreme Court's Jan. 6 Decision

    When the high court limited the scope of a federal obstruction statute used to charge hundreds of rioters who stormed the Capitol, the justices did not vote along ideological lines. In a year marked by 6-3 splits, what accounts for the departure? Here are some moments from oral arguments that may have swayed the justices.

  • July 05, 2024

    The Funniest Moments Of The Supreme Court's Term

    In a U.S. Supreme Court term teeming with serious showdowns, the august air at oral arguments filled with laughter after an attorney mentioned her plastic surgeon and a justice seemed to diss his colleagues, to cite just two of the term's mirthful moments. Here, we look at the funniest moments of the term.

  • July 05, 2024

    Judge Grants Ch. 11 DIP Extension To Takeoff

    A Delaware bankruptcy judge ordered Friday that bankrupt grocery automation company Takeoff Technologies Inc. be given a second round of interim debtor in possession financing, worth almost $600,000, as the company's Chapter 11 case winds its way to a decision on a controversial final funding approval.

  • July 05, 2024

    Mercon Coffee Says Ch. 11 Releases Aren't Insider Incentives

    Bankrupt coffee supplier Mercon Coffee Group defended employee releases in its Chapter 11 liquidation plan, telling a New York bankruptcy court that Section 503(c) of the Bankruptcy Code limits payment of administrative expenses to insiders, not release of claims.

  • July 05, 2024

    Summer Kicks Off With Run Of New Bankruptcy Filings

    The first weeks of summer have seen a steady run of bankruptcy filings, with debtors entering insolvency courts from the toy, clothing and entertainment industries.

  • July 05, 2024

    Court To Weigh Scope Of Ex-Judge's Atty Romance Testimony

    A Texas bankruptcy judge said he must determine the scope of a deposition over a former judge's concealed romantic relationship with an ex-Jackson Walker LLP attorney, reversing course on a stipulation and ruling he has "exclusive authority" to "authorize and set limits regarding the nature of the testimony."

  • July 05, 2024

    The Firms That Won Big At The Supreme Court

    This U.S. Supreme Court term featured high-stakes oral arguments on issues including gerrymandering, abortion and federal agency authority, and a hot bench ever more willing to engage in a lengthy back-and-forth with advocates. Here's a look at the law firms that argued the most cases and how they fared.

  • July 05, 2024

    US Trustee Calls Rue21 Exculpations Excessive

    The U.S. Trustee's Office has told a Delaware bankruptcy judge that teen apparel retailer rue21 is trying to protect too many parties from potential legal liability as it seeks to wind down its Chapter 11 case.

  • July 03, 2024

    Insurer Seeks To Cover D&O Defenses In DMK Pharma Ch. 11

    An insurance company asked a Delaware bankruptcy court Wednesday to let it pay defense expenses under a $5 million directors and officers policy for bankrupt biotechnology company DMK Pharmaceuticals Corp., which is facing an investor lawsuit and two federal agency investigations, arguing the policy proceeds aren't part of DMK's Chapter 11 estate.

  • July 03, 2024

    Takeoff Seeks To Alter Ch. 11 Loan To Avoid Liquidation

    Bankrupt grocery automation company Takeoff Technologies was unable to reach a deal with creditors to transfer a software license and instead plans to remove the transfer from its debtor-in-possession loan, in a bid to avoid a conversion to a Chapter 7 liquidation.

  • July 03, 2024

    Purdue Ruling Threatens To Limit Broader Bankruptcy Powers

    The U.S. Supreme Court's narrow read of a bankruptcy statute in its decision to reject nonconsensual third-party releases in the Purdue Pharma case could curb courts' power to authorize a range of Chapter 11 requests that aren't explicitly allowed under the law.

  • July 03, 2024

    Giuliani Creditors Say Conversion Motion 'Just Games'

    A New York bankruptcy judge will hear arguments next week over whether to convert Rudy Giuliani's Chapter 11 to a liquidation, a move his creditors denounced as gamesmanship with the bankruptcy system.

  • July 03, 2024

    Steward Health Downfall Prompts Calls For Tighter Regs

    The magnitude of the financial troubles plaguing bankrupt hospital operator Steward Health Care has turned the Chapter 11 case into a flash point that should prompt a regulatory overhaul, according to a new report released by advocacy group Private Equity Stakeholder Project.

  • July 02, 2024

    Purdue Sets Stage For Boy Scouts Equitable Mootness Fight

    After the U.S. Supreme Court's ruling last week in the Purdue Pharma case, the Boy Scouts' bankruptcy plan is back in focus before a federal appeals court, potentially reigniting a heated debate over equitable mootness, a doctrine courts have long used as grounds to avoid reopening and tinkering with already-consummated bankruptcy plans.

  • July 02, 2024

    Sens. Urge Synapse Partners To Free Up Customer Funds

    A group of Democratic senators led by banking committee chair Sherrod Brown, D-Ohio, called on the owners and banking partners of bankrupt fintech intermediary Synapse Financial Technologies to restore customers' access to their deposits.

  • July 02, 2024

    Toys R Us Failure Started Toymaker Basic Fun On Ch. 11 Road

    Basic Fun, a company that picked up such iconic toy brands as Lincoln Logs, Tinker Toys and Uncle Milton Ant Farm in distress sales, was itself started on the road to its Chapter 11 filing by the bankruptcy of toy retail giant Toys R Us, according to court filings.

  • July 02, 2024

    Ex-Bankruptcy Judge Will Be Deposed Over Atty Romance

    The former Texas bankruptcy judge whose secret relationship with a Jackson Walker LLP attorney ignited a major judicial ethics scandal has agreed to sit for a seven-hour deposition to answer questions about the episode.

  • July 02, 2024

    Toymaker Basic Fun Says It's Close To Deal With Lenders

    Counsel for toymaker Basic Fun told a Delaware bankruptcy judge on Tuesday the company is close to an agreement with secured creditors on a plan to restructure $65.7 million in funded debt and emerge from Chapter 11.

  • July 02, 2024

    Giuliani Disbarred In New York Over Election Falsehoods

    A New York appellate court Tuesday barred Rudolph Giuliani from practicing law in New York, citing ample evidence that the former New York City mayor made repeated false statements about the 2020 presidential election.

  • July 01, 2024

    Giuliani Wants Bankruptcy Converted To Allow For Liquidation

    Rudy Giuliani on Monday asked a New York federal bankruptcy judge to convert his voluntary Chapter 11 bankruptcy to a Chapter 7 proceeding, which would allow him to liquidate his assets to pay his debts.

Expert Analysis

  • The Pop Culture Docket: Judge D'Emic On Moby Grape

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    The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.

  • Navigating Asset Tracing Challenges In Bankruptcy

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    A Virginia court’s recent ruling in Health Diagnostic Laboratory Inc.'s bankruptcy highlights the heightened demand for asset tracing and the strategic use of the lowest intermediate balance rule in recovering funds from commingled accounts, says Daniel Lowenthal at Patterson Belknap.

  • Lender Agreements And Unitranche Facilities: A Fresh Look

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    Unitranche facilities — which offer blended interest rates in a single loan document — are gaining prevalence, and lenders and borrowers should understand their advantages, as well as concerns over the enforceability of a unitranche-style agreement among lenders in bankruptcy, say attorneys at Mayer Brown.

  • What Banks Should Know About FDIC Assessment Rule

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    Max Bonici at Venable answers questions banking organizations may have about the Federal Deposit Insurance Corp.'s recent approval of a rule implementing a special assessment on banks to recoup costs associated with protecting uninsured depositors after the bank failures earlier this year, and highlights other considerations for uninsured deposits.

  • Performing Music Makes Me A Better Lawyer

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    The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.

  • Bankruptcy Must Be On The Table As A Student Loan Solution

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    Amid the ongoing discourse on student loan forgiveness, borrowers must have a deeper understanding of U.S. Departments of Justice and Education guidance regarding how the government will agree to discharge loans in bankruptcy, or miss a life-changing opportunity currently available to regain control over their financial condition, say Jonathan Carson and Eric Kurtzman at Stretto.

  • Breaking Down High Court's New Code Of Conduct

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    The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.

  • Rockport Ch. 11 Highlights Global Settlement Considerations

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    A Delaware bankruptcy court’s recent rejection of Rockport’s proposed settlement serves as a reminder that there is a risk that a global settlement executed outside of a plan may be rejected as a sub rosa plan, but shouldn’t dissuade parties from seeking relief when applicable case law supports approval, says Kyle Arendsen at Squire Patton.

  • How Purdue High Court Case Will Shape Ch. 11 Mass Injury

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    The U.S. Supreme Court's recent arguments in Harrington v. Purdue Pharma, addressing the authority of bankruptcy courts to approve nonconsensual third-party releases in Chapter 11 settlement plans, highlight the case's wide-ranging implications for how mass injury cases get resolved in bankruptcy proceedings, says George Singer at Holland & Hart.

  • Legal Profession Gender Parity Requires Equal Parental Leave

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    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.

  • How Cannabis Cos. Are Adapting In Shifting Bankruptcy Arena

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    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.

  • Pa. City Ch. 9 Ruling Raises Municipal Financing Concerns

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    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.

  • Writing Thriller Novels Makes Me A Better Lawyer

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    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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