Large Cap

  • May 23, 2024

    Who's Who On The NJ Bankruptcy Bench, Part 2

    Chief U.S. District Judge Renée Marie Bumb said last week that New Jersey saw the second-most Chapter 11 bankruptcy filings in the nation over the last year — up from sixth the year before — with 16% growth in overall filings and a 133% increase in Chapter 11 filings.

  • May 23, 2024

    Ex-Judge Pushed False Narrative On Atty Romance, Firm Says

    U.S. Bankruptcy Judge David R. Jones of Texas, who resigned last year after his secret relationship with a Jackson Walker LLP partner was revealed, attempted to head off rumors about the relationship by asking the firm to file a false, partial disclosure in 2022, the firm alleged.

  • May 23, 2024

    J&J Loses Expedited Bid For Beasley Allen Docs In Talc MDL

    Johnson & Johnson has lost its bid in New Jersey federal court to have the Beasley Allen Law Firm quickly produce documents related to what J&J said seems to be an "intentional effort" by the firm to "bias the vote" against a proposed $6.5 billion reorganization plan for its talc subsidiary.

  • May 23, 2024

    Alex Jones Atty Escapes Suspension, For Now

    The Connecticut Appellate Court on Thursday threw out the six-month suspension of Norm Pattis, the lead attorney in Infowars host Alex Jones' Sandy Hook Elementary School defamation trial, ordering new proceedings against the attorney for supervising the transmission of the victims' confidential records to other Jones lawyers.

  • May 22, 2024

    Cancer Patients Target J&J Talc Unit's Asset Shuffles

    Cancer patients who have sued Johnson & Johnson alleging that its talcum powder caused their illness alleged Wednesday that the company has tried to intentionally prevent tort victims from getting their day in court through a scheme of fraudulent corporate transactions.

  • May 22, 2024

    1st Circ. Affirms UBS Win In Puerto Rico Pension Fight

    The First Circuit said public pensioners in Puerto Rico can't advance their claims that UBS Financial Services illegally underwrote $3 billion in bonds, ruling that the island's financial restructuring plan transferred the right to those claims to a special committee.

  • May 22, 2024

    Who's Who On The NJ Bankruptcy Bench, Part 1

    New Jersey saw the second-most Chapter 11 bankruptcy filings in the nation over the last year. Here, Law360 takes a look at the judges leading the increasingly busy bankruptcy court, starting with those sitting in Trenton and Camden.

  • May 22, 2024

    Eye Care Gets Nod On Ch. 11 Sale With Improved Price

    Optometry software maker Eye Care Leaders received a Texas bankruptcy court's approval Wednesday to sell its assets to its debtor-in-possession financing lender at a higher purchase price of $14.5 million.

  • May 22, 2024

    Exxon Contractor Offered June 1 Ch. 11 Mediation Start Day

    A Texas bankruptcy judge on Wednesday told the general contractor for a liquefied natural gas project co-owned by Exxon Mobil Corp. and QatarEnergy that its Chapter 11 case could go before another judge it had requested for mediation at the start of June, if that satisfied all involved.

  • May 22, 2024

    Data Research Firm Dynata Hits Ch. 11 With Over $1B Debt

    Global data provider and market research company Dynata LLC filed for Chapter 11 bankruptcy in Delaware on Wednesday with $1.4 billion in total debt, blaming a business slowdown on a steep drop in M&A deals, post-pandemic struggles to rebuild its base of survey-takers and a failure to keep up with rivals.

  • May 21, 2024

    Full 5th Circ. Urged To Rethink Blocking Student Loan Rule

    The U.S. Department of Education has asked the full Fifth Circuit to reconsider a recent preliminary injunction a three-judge panel ordered blocking changes to a program providing student loan forgiveness to borrowers defrauded by higher education institutions. It said the panel wrongly held that the department doesn't have the authority to determine whether a borrower has a valid defense to repayment.

  • May 21, 2024

    Bankrupt SVB Fights To Keep $1.9B Suit Against FDIC Alive

    The bankrupt former parent company of Silicon Valley Bank urged a California federal judge on Tuesday not to toss its suit against the Financial Deposit Insurance Corp. that seeks to get the deposit insurer to return $1.93 billion, saying the FDIC has not fulfilled its obligation to turn over the company's account funds.

  • May 21, 2024

    Talc Biz Barretts Gets New $30M DIP Loan From Parent Co.

    Barretts Minerals, a company that mines talc, received a Texas bankruptcy court's approval Tuesday to tap $30 million in emergency debtor-in-possession financing from a subsidiary of its nondebtor parent company, after an asset sale generated less money than expected.

  • May 21, 2024

    Yellow Corp. Seeks Ch. 11 Plan Extension After $2B In Sales

    Bankrupt trucking firm Yellow Corp. has asked a Delaware judge to extend the period during which it has the exclusive right to file a Chapter 11 plan for the third time, touting its nearly $2 billion in real estate sales that it says have allowed it to pay off its secured debts.

  • May 21, 2024

    Ex-Director For Byju's Alpha In Contempt Over Missing $533M

    A Delaware bankruptcy judge on Tuesday held in contempt a former executive for the insolvent U.S. affiliate of Indian education technology giant Byju's, finding he had been disingenuous about his attempts to track down an alleged $533 million fraudulent transfer.

  • May 21, 2024

    Alex Jones Judge Sets Day Of Reckoning For Ch. 11 Case

    Saying that something has to happen in the bankruptcy case of right-wing radio firebrand Alex Jones, the Texas judge overseeing the case reiterated his position that Jones' Chapter 11 plan will be confirmed at a June 14 hearing or the case will be dismissed or converted to a liquidation.

  • May 21, 2024

    Variety Of Cases Propelled Rise In New Jersey Ch. 11 Filings

    The cases that have made the New Jersey bankruptcy court the second busiest in the nation have run the gamut from nationwide retail chains, major real estate players and Johnson & Johnson's mass tort talc spinoff to genetic labs and cryptocurrency platforms.

  • May 21, 2024

    Cano Judge Agrees To OK Ch. 11 Plan Disclosure Statement

    A Delaware bankruptcy judge agreed on Tuesday to sign off on Miami-based primary healthcare group Cano Health Inc.'s Chapter 11 disclosure statement for purposes of soliciting creditor votes once the debtor files a revised proposed order that bakes in language that garnered support from unsecured creditors.

  • May 21, 2024

    Strategic Hiring Was The New Normal For BigLaw In 2023

    The 400 largest law firms by headcount in the U.S. grew more slowly in 2023 than in the previous two years, while Kirkland & Ellis LLP surpassed the 3,000-attorney threshold, according to the latest Law360 ranking.

  • May 21, 2024

    The Law360 400: Tracking The Largest US Law Firms

    The legal market expanded more tentatively in 2023 than in previous years amid a slowdown in demand for legal services, especially in transactions, an area that has been sluggish but is expected to quicken in the near future.

  • May 21, 2024

    Contractor For Exxon, QatarEnergy LNG Venture Hits Ch. 11

    The general contractor for a liquefied natural gas project co-owned by Exxon Mobil Corp. and QatarEnergy filed for Chapter 11 protection in Texas bankruptcy court Tuesday with more than $1 billion of debt, saying it intends to use the court process to back out of the Texas venture.

  • May 20, 2024

    Red Lobster Filing, Giuliani Deal, New Jersey's Rise As Venue

    Seafood restaurant chain Red Lobster filed for bankruptcy in Florida with $294 million in funded debt after a failed "endless shrimp" promotion, Rudy Giuliani and two election workers who sued him for defamation said they were close to a deal to resolve a lawsuit filed in his bankruptcy case, and a top New Jersey judge disclosed the Garden State was the second-busiest bankruptcy venue over the past year.

  • May 20, 2024

    Genesis, Curo Get Ch. 11 Plans OK'd At Different Speeds

    Two major Chapter 11 cases won confirmation last week on very different timelines, with crypto lender Genesis Global Holdco LLC finally on an exit path after more than a year and consumer lender Curo Group Holdings Corp. gaining court approval less than two months after it filed for bankruptcy.

  • May 20, 2024

    Rite Aid Settles Trademark Suit Over New Logo

    Rite Aid has reached an agreement with Brand Design Co. to end a lawsuit claiming that the drugstore chain misused the design firm's font for a new logo, the parties have told a Pennsylvania federal court.

  • May 20, 2024

    Express Seeks To Nix 5th Ave. Store Lease, 16 Others

    Fashion retailer Express Inc. told a Delaware bankruptcy judge the company has decided to reject the leases for 17 of its stores in its Chapter 11 case, including a lease for its store on Fifth Avenue in New York City and another lodged in the Mall of America.

Expert Analysis

  • Charting The Course For Digital Assets In 2024

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    Although 2023 was a tough year for the digital asset industry, upcoming court decisions, legislation and regulatory action will bring clarity, allowing the industry to expand and evolve, and the government will decide what innovation it will allow without challenge, says Joshua Smeltzer at Gray Reed.

  • Del. Ruling Shows Tension Between 363 Sale And Labor Law

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    The Delaware federal court's ruling in the Braeburn Alloy Steel case highlights the often overlooked collision between an unstayed order authorizing an asset sale free and clear of successor liability under Section 363 of the Bankruptcy Code and federal labor law imposing successor liability on the buyer, say attorneys at Proskauer.

  • How Clients May Use AI To Monitor Attorneys

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    Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.

  • Del. Insurance Co. Liquidation Reveals Recovery Strategies

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    Arrowood's recent liquidation in the Delaware Chancery Court offers a positive development for policyholders and claimants, providing access to guaranty association protections amid the company's demise, say Timothy Law and Ann Kramer at Reed Smith.

  • 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.

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