Mid Cap

  • May 30, 2024

    Family-Owned PE Firm Wins Ch. 11 Bid To Buy Ill. Dairy Co.

    Oberweis Dairy, an ice cream and dairy producer in Illinois, picked a family-owned private equity firm based in Florida as the prevailing bidder for its assets during a Chapter 11 auction, beating the $20 million stalking-horse bid the debtor received in April. 

  • May 29, 2024

    Why Giuliani's Creditors Say He Can't Run His Own Ch. 11

    The official committee of unsecured creditors in Rudy Giuliani's Chapter 11 has asked a New York bankruptcy judge to hand control of the Republican firebrand's estate to a trustee, bringing to a head months of creditor allegations that Giuliani has been skipping out on his bankruptcy obligations.

  • May 29, 2024

    Bankrupt EV Charger Co. Execs Hid Liquidity Woes, Suit Says

    Three current and former executives of bankrupt electric-vehicle charging infrastructure company Charge Enterprises Inc. face an investor's proposed class action claiming the executives concealed a liquidity crisis involving the company's founder and his investment advisory firm that allegedly precipitated Charge's bankruptcy.

  • May 29, 2024

    Honeywell Ends Suit Over $8.75M Bond For Army Base Work

    A Pennsylvania federal court has approved a request from Honeywell International Inc. to drop its lawsuit over an $8.75 million performance bond whose issuer allegedly balked at paying to replace a bankrupt subcontractor for a long-delayed job at the Tobyhanna Army Depot.

  • May 29, 2024

    Drug Co. Eiger Can Probe Lender On Foiled PIPE Deal Fallout

    Eiger BioPharmaceuticals received a Texas bankruptcy judge's approval Wednesday to collect documents from lender Innovatus Life Sciences tied to what the rare-disease drugmaker called Innovatus's decision to "manufacture" a default under a credit agreement, a move that allegedly blew up a potential financing deal and precipitated Eiger's Chapter 11 filing.

  • May 29, 2024

    Red Lobster's Potential Buyer Has Fished In This Pond Before

    When Red Lobster hit bankruptcy last week with plans for an asset sale, it brought with it a $275 million stalking horse bid from a private equity firm that is perfectly positioned to repeat a move it has made before: buying struggling restaurant chains out of insolvency and taking over operations.

  • May 29, 2024

    Tremont Chicago Hotel Reaches Agreement With Lender

    A defunct hotel near Chicago's commercial center has reached an agreement with its senior secured creditor, resolving its request to dismiss the case or lift the Chapter 11 automatic stay while reserving the right to revisit the stay under some circumstances.

  • May 29, 2024

    Archdiocese Seeks NY High Court Clarity In Abuse Row

    The Archdiocese of New York asked a state appeals court for leave to appeal to the state's highest court to clarify the proper pleading standards in a coverage dispute brought by Chubb over sexual abuse claims, arguing Chubb's "collective pleading strategy" is inconsistent with state precedent.

  • May 29, 2024

    Non-Atty Advice To Debtors Is Unprotected, 2nd Circ. Told

    New York urged the Second Circuit on Wednesday to find that stopping a nonprofit focused on bankruptcy education and the South Bronx pastor it's working with from advising low-income debtors represents a content-neutral regulation on who can practice law that does not violate the First Amendment.

  • May 29, 2024

    Pa. Seeks New Bankruptcy Judge As Vacancies Increase

    Two vacancies and a third open seat coming at the end of July in the U.S. Bankruptcy Court for the Eastern District of Pennsylvania has led the Third Circuit to announce this week it is accepting applications to fill the court's bench.

  • May 29, 2024

    Weinstein Could Face Added Assault Charges In Retrial

    New York prosecutors planning to retry Harvey Weinstein this fall after his rape conviction was overturned said Wednesday they may file an expanded indictment after hearing from new sexual assault claimants.

  • May 28, 2024

    $10M Policy Excludes Tobacco Group's Suit, Court Told

    An insurer told a North Carolina federal court Tuesday that it doesn't owe coverage to a tobacco growers' cooperative saddled with paying out a $100 million settlement for farmers, arguing that its $10 million policy excludes contract claims.

  • May 28, 2024

    Hawaii Warns Telecom Co.'s Loan Woes Will Affect Consumers

    The Department of Hawaiian Home Lands is warning customers who live in the home lands and use Sandwich Isles Communications for phone and internet service that they need to switch companies immediately or risk losing service, but Sandwich Isles is blaming the state agency for the issue.

  • May 28, 2024

    Applesauce Maker Files Ch. 7 Facing Lead Recall Lawsuits

    WanaBana LLC, which makes fruit purées, snacks and teas, has filed for Chapter 7 bankruptcy in Delaware as it fights litigation over recalled cinnamon applesauce pouches the FDA has connected to 90 confirmed cases of illness.

  • May 28, 2024

    FTX Attys Cleared, Alex Jones' Reckoning, Modell's Deal

    A report found that FTX counsel Sullivan & Cromwell was not involved in the pre-bankruptcy fraud at the cryptocurrency exchange, Alex Jones and his InfoWars podcast business are facing a June 15 deadline for progress in their Chapter 11 cases, and a former bankruptcy judge was accused of trying to force a false narrative tied to his romantic relationship with an attorney.

  • May 28, 2024

    Medical Test Maker To Liquidate After FDA Slams COVID Kits

    Medical test maker Cue Health filed for Chapter 7 liquidation in Delaware bankruptcy court Tuesday with more than $50 million in debt, two weeks after federal regulators warned customers to throw out its COVID-19 tests due to a higher risk of false results.

  • May 28, 2024

    UV Air Purifier Co. Hits Ch. 11 After Post-COVID Sales Slump

    The holding company of several ultraviolet-related air purifying companies has hit Chapter 11 in New York, saying it needs to reorganize after its subsidiaries stopped making money following an initial COVID-19-related boom.

  • May 28, 2024

    Ex-Partners Oppose Dismissal Of Bankruptcy Firm's Ch. 11

    Two ex-partners of bankrupt Minnesota consumer bankruptcy firm LifeBack Law Firm have restated their request that a Minnesota bankruptcy judge wrest control of the firm from its "disruptive" current controlling partner rather than grant the dismissal requested by the U.S. Trustee's Office.

  • May 28, 2024

    Legal Lenders Can't Avoid Hurricane Ads Suit, Plaintiff Argues

    Funding companies that lent $20 million to a Texas law firm accused of using it to deceptively solicit hurricane victims can't escape liability by claiming they didn't know how attorneys were using the money or "simply because they don't have offices in the state," according to a Louisiana woman at the forefront of a putative class action.

  • May 24, 2024

    UrgentPoint Can Use Lender Cash Despite Pushback

    Holistic healthcare provider UrgentPoint got approval in Delaware bankruptcy court Friday to use its lenders' cash collateral in its Chapter 11 case, after facing questions from the U.S. Trustee's Office and the judge presiding over the case about its prior obligations to merchant cash advance lenders.

  • May 24, 2024

    Biden's Judicial Impact And What's Left On The Wish List

    President Joe Biden secured confirmation of his 200th federal judge Wednesday and has transformed the judiciary by picking more women and people of color than any other president. But the upcoming election season could derail his hopes of confirming many more judges.

  • May 24, 2024

    Off The Bench: NCAA Settles House NIL Class Action

    In this week’s Off the Bench, the NCAA settles its court dispute with hundreds of thousands of athletes over name, image and likeness compensation, NFL rookie Marvin Harrison Jr. is taken to court over an endorsement contract, and former Super Bowl champion Antonio Brown’s post-career life is burdened further by bankruptcy. If you were sidelined this week, Law360 is here to catch you up on the sports and betting stories that had our readers talking.

  • May 24, 2024

    Wage Class Action Overlooked At Bankrupt Moving App Lugg

    The co-founder of online moving service Lugg Inc. failed to alert the company to lawsuits including a proposed class action alleging the startup underpaid workers in California, an oversight that led to legal penalties and a Chapter 11 bankruptcy filing by the Y Combinator-backed venture last week.

  • May 24, 2024

    Weinstein Atty Trying To Chill Retrial Testimony, DA Says

    The Manhattan District Attorney's Office has argued that a lawyer for Harvey Weinstein violated ethics rules by publicly accusing one of the movie mogul's alleged rape victims of perjury in an "obvious" attempt to dissuade her from testifying again at an upcoming retrial.

  • May 24, 2024

    Biden Urges 1st Circ. To Find Debt Cap Challenge Moot

    The Biden administration asked the First Circuit to affirm a finding that a government workers' union lacks standing to challenge the debt ceiling's constitutionality and that its case was further rendered moot by passage of a deal to suspend the spending limit until January.

Expert Analysis

  • Air Ambulance Ch. 11s Show Dispute Program Must Resume

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    Air Methods’ recent bankruptcy filing highlights the urgent need to reopen the No Surprises Act’s independent dispute resolution program for air ambulances, whose shutdown benefits insurance companies and hurts providers, says Adam Schramek at Norton Rose.

  • Pro Bono Work Is Powerful Self-Help For Attorneys

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    Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.

  • Why Delaware ABCs Are No Longer As Easy As 1-2-3

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    In light of the Court of Chancery's recent focus on additional disclosures, the assignment for the benefit of creditors process in Delaware may no longer be as efficient as it once was, and companies should be prepared to provide significantly more information leading up to an ABC, say attorneys at Goodwin.

  • Diamond Sports Cases Shed Light On Executory Contracts

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    Recent Texas bankruptcy cases involving telecast fees payable by Diamond Sports to certain Major League Baseball teams provide a window into the dynamic relationship that can develop between debtors and counterparties under some executory contracts, say Joseph Badtke-Berkow and Robin Spigel at Allen & Overy.

  • Playing In A Rock Cover Band Makes Me A Better Lawyer

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    Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.

  • The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'

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    The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.

  • Balancing Justice And Accountability In Opioid Bankruptcies

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    As Rite Aid joins other pharmaceutical companies in pursuing bankruptcy following the onslaught of state and federal litigation related to the opioid epidemic, courts and the country will have to reconcile the ideals of economic justice and accountability against the U.S. Constitution’s promise of a fresh start through bankruptcy, says Monique Hayes at DGIM Law.

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