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Publication Date: 2024-08-13
Practice Area: Bankruptcy
Industry: Legal Services | Pharmaceuticals
Court: U.S. District Court of Delaware
Judge: District Judge Williams
Attorneys: For plaintiff: Derek C. Abbott, Matthew O. Talmo, Morris Nichols Arsht & Tunnell LLP, Wilmington, DE; Eric D. Madden, Reid Collins & Tsai LLP, Dallas, TX; Keith Y. Cohan, Ryan M. Goldstein, Morgan M. Menchaca, Reid Collins & Tsai LLP, Austin, TX for plaintiff.
for defendant: Michael W. McDermott, Peter C. McGivney, Berger Harris LLP, Wilmington, DE; Richard C. Pedone, Brian T. Kelly, Nixon Peabody LLP, Boston, MA for defendant.
Case Number: 19-11292 (JTD)
Court determined that former officer was obligated to repay advanced legal expenses where he was ultimately convicted on a single racketeering conspiracy charge that included the same alleged predicate racketeering activities as the first indictment, undermining claims of partial success in the criminal prosecution.
Publication Date: 2024-07-30
Practice Area: Bankruptcy
Industry: Investments and Investment Advisory
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff: Pieter Van Tol, Christoper R. Bryant, Elizabeth Carter, Hogan Lovells US, LLP, New York, NY; David Massey, Hogan Lovells US, LLP, Miami, FL; Evan T. Miller, Saul Ewing LLP, Wilmington, DE; Turner N. Falk, Saul Ewing LLP, Philadelphia, PA for appellants.
for defendant: Susheel Kirpalani, Benjamin Finestone, William B. Adams, Daniel Holzman, Jianjian Ye, Quinn Emanuel Urquhart & Sullivan LLP, New York, NY; Robert S. Brady, Kenneth J. Enos, Jared W. Kochenash, Timothy R. Powell, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; George W. Hicks, Jr., Kirkland & Ellis LLP, Washington, DC; Seth M. Cohen, Kirkland & Ellis LLP, San Francisco, CA; Patrick J. Nash, Jr., Kirkland & Ellis LLP, Chicago, IL; Brian Schartz, Kirkland & Ellis LLP, New York, NY; Laura Davis Jones, Peter J. Keane, Pachulski Stang Ziehl & Jones LLP, Wilmington, DE for appellees.
Case Number: 2410140 (JTD)
Court denied stay of bankruptcy court contempt and preliminary injunction orders pending appeal where defendants were unlikely to succeed on the merits of their claims against the orders and where the orders would not irreparably harm defendants by requiring them to produce ordered discovery or merely preventing them from transferring or using claimed funds under their control.
Publication Date: 2024-07-09
Practice Area: Bankruptcy
Industry: Accounting | E-Commerce | Technology Media and Telecom
Court: U.S. Bankruptcy Court
Judge: Judge Dorsey
Attorneys: For plaintiff:
for defendant:
Case Number: 22-11068 (JTD)
Court developed methodology to discount value of cryptocurrencies where most of the tokens were held by debtor, which had restricted the trading market to artificially inflate the market price.
Publication Date: 2024-06-03
Practice Area: Bankruptcy
Industry: Energy | Investments and Investment Advisory
Court: U.S. District Court of Delaware
Judge: District Judge Hall
Attorneys: For plaintiff: J. Christopher Shore, Colin T. West, White & Case LLP, New York, NY; Michael J. Farnan, Farnan LLP, Wilmington, DE for appellant.
for defendant: Daniel M. Stern, Samuel M. Kidder, KTBS Law LLP, Los Angeles, CA; Andrew J. Gallo, Nathaniel P. Bruhn, Morgan, Lewis & Bockius LLP, Boston, MA; Bryan Killian, Morgan, Lewis & Bockius LLP, Washington, DC; Michael R. Nestor, Michael S. Neiburg, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE for appellees.
Case Number: 15-11934 (BLS)
Court denied certification of direct appeal of bankruptcy order to the Third Circuit where the order did not announce a per se rule or conflict with settled precedent.
Publication Date: 2024-05-13
Practice Area: Bankruptcy
Industry: Investments and Investment Advisory
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Chagares
Attorneys: For plaintiff:
for defendant:
Case Number: 23-2549
Settlement agreement arising from bankruptcy mediation did not evidence the parties' intent to waive confidentiality protections under local bankruptcy rules.
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Authors: Gary L. Brown
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Publication Date: 2024-04-22
Practice Area: Bankruptcy
Industry: Manufacturing
Court: U.S. Bankruptcy Court
Judge: Judge Walrath
Attorneys: For plaintiff:
for defendant:
Case Number: 19-10729 (MFW)
Bankruptcy court dismissed adversary proceeding alleging breaches of fiduciary duties as time barred where trustee failed to present evidence of defendants' affirmative acts of fraudulent concealment of material information from the board to support tolling the statute of limitations.
Publication Date: 2024-04-15
Practice Area: Bankruptcy
Industry: Education | Technology Media and Telecom
Court: U.S. Bankruptcy Court
Judge: Judge Dorsey
Attorneys: For plaintiff:
for defendant:
Case Number: 24-10140 (JTD)
Court could issue preliminary injunctive relief to freeze funds at issue in a fraudulent transfer claim where state law authorized prejudgment attachment and equitable claims also provided a basis to issue preliminary equitable relief.
Publication Date: 2024-04-08
Practice Area: Bankruptcy
Industry: Hospitality and Lodging | Legal Services | Real Estate
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Rendell
Attorneys: For plaintiff:
for defendant:
Case Number: 23-1731
Bankruptcy court correctly rejected debtors' motion to modify their reorganization plan to obtain relief from a release of legal malpractice claims against their bankruptcy counsel where the motion was filed after debtors had substantially consummated the plan.
Publication Date: 2024-04-01
Practice Area: Bankruptcy
Industry:
Court: U.S. Bankruptcy Court
Judge: Judge Shannon
Attorneys: For plaintiff:
for defendant:
Case Number: 21-10741 (BLS)
Court dismissed bankruptcy petition that appeared to be filed solely to avoid liability on a large judgment entered for damages caused by debtors' misconduct.
Publication Date: 2024-03-11
Practice Area: Bankruptcy
Industry:
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff: Ramon Moreno-Cuevas, Hartford, CT, pro se appellant.
for defendant: Robert S. Brady, Sean T. Greecher, Allison S. Mielke, Timothy R. Powell, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE for appellee.
Case Number: 23-472 (MN) MEMORANDUM OPINION
Court declined to stay order confirming bankruptcy court's denial of relief from plan injunction where appellant failed to demonstrate a likelihood of success on appeal or show how the court's order altered the status quo.
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