News & Analysis as of

Settlement Commercial Bankruptcy

Goldberg Segalla

Defendant Granted Motion to Dismiss Claim against Settlement Trust for Untimeliness

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Superior Court of Delaware, New Castle - In the asbestos action Burhenn v. Celotex Asbestos Settlement Trust, the court granted defendant Celotex’s motion to dismiss on the grounds that the complaint was untimely filed. In...more

King & Spalding

Texas Bankruptcy Court Recommends Denying Summary Judgment in Case Alleging Fraudulent Transfer of PPP Funds to Make Settlement...

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On May 16, 2024, the U.S. Bankruptcy Court for the Northern District of Texas recommended that the district court largely deny cross motions for summary judgment in an action by the liquidating trust for Fresh Acquisitions,...more

Goldberg Segalla

Third Circuit Affirms Bankruptcy Court’s Order Dismissing LTL Management/Johnson & Johnson’s Second Chapter 11 Petition

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On June 25, 2024, the Third Circuit Court of Appeals rendered an opinion affirming the New Jersey Bankruptcy Court’s decision to dismiss LTL Management/Johnson & Johnson’s second bankruptcy case for “want of good faith...more

Seward & Kissel LLP

Regulators Mount Up, Prison Break, Deep Conviction and Rudy Sacked

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FTX and CFTC agree to $12.7 billion settlement following months of negotiations | The Block - FTX and the CFTC struck a deal granting the CFTC $4 billion disgorgement claim and an $8.7 billion restitution claim. Payments...more

Seward & Kissel LLP

Last Hurrah, Noodling on Chicken Soup and No R&R for J&J

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Purdue Pharma secures litigation ceasefire after US Supreme Court ruling | Reuters - On Tuesday, U.S. Bankruptcy Judge Sean Lane granted Purdue Pharma court approval for a 60-day freeze on lawsuits against the Sackler...more

Seward & Kissel LLP

Pur-don’t, Uptears? and Last Chapter

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Supreme Court Blocks Purdue Pharma Opioid Settlement, Threatening Billions Of Dollars For Victims | NBC News - On Thursday, the Supreme Court rejected the nonconsensual non-debtor releases in the Purdue Pharma plan,...more

Seward & Kissel LLP

Red River Rivalry and Rue the Day

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J&J Offers $6.5 Billion for Talc Lawsuits Ahead of Third Bankruptcy Filing | WSJ - Healthcare giant Johnson & Johnson has offered a settlement pool of nearly $6.5 billion to resolve tens of thousands of talc-related...more

Seward & Kissel LLP

Run-On Sentence, Searching for a Curo, For Pete’s Sake, and The Rite Stuff

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Sam Bankman-Fried Sentenced to 25 Years in Prison | CoinDesk - FTX founder and former CEO Sam Bankman-Fried has been sentenced to 25 years in prison after being convicted on seven fraud and conspiracy charges. According to...more

Nelson Mullins Riley & Scarborough LLP

Bondholders Fail to Thwart Global Settlement Approval as Bankruptcy Estate’s Largest Creditor

As bankruptcy practitioners, we generally see proposed settlements get approved without objection. However, when objections are lodged, court involvement is necessitated. In this case, United States Bankruptcy Judge...more

Proskauer Rose LLP

Bankruptcy Court Frowns on SmileDirect’s Dismissal Request

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There is a growing trend of bankruptcy courts approving structured dismissals of chapter 11 cases following a successful sale of a debtor’s assets under section 363 of the Bankruptcy Code. A structured dismissal is a...more

Holland & Knight LLP

Watts What You Say? SEC Brings a Battery of Charges Against EV Startup Company

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The SEC on Feb. 29, 2024, announced settled charges against Lordstown Motors Corp. (Lordstown) for allegedly misleading investors about sales prospects for the Endurance, Lordstown's flagship pickup truck for the electric...more

Seward & Kissel LLP

Supreme Court Okey-Doke, LME Double Dip, Audacy Tuning Out, and PO Boxing Match

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US Supreme Court Lets $2.46 Billion Boy Scouts Sex Abuse Settlement Proceed | Reuters - On Thursday, the U.S. Supreme Court permitted the Boy Scouts of America’s $2.46 billion settlement with sexual abuse victims to...more

Seward & Kissel LLP

Three’s Company, Express Elevator (Down), and Please Stay

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Genetic test maker Invitae files for bankruptcy protection in US | Reuters - On Tuesday, Invitae, the San Francisco-based genetic test maker, filed for voluntary Chapter 11 bankruptcy protection in a U.S. bankruptcy court...more

Dorsey & Whitney LLP

Ninth Circuit Holds that Selling Peace Does Not Require Business Judgment

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In Spark Factor Design, Inc., et al. v. Hjelmeset (In re Open Medicine Institute, Inc.), No. 22-60017 (9th Cir. Oct. 30, 2023), the Ninth Circuit Court of Appeals recently found that a bankruptcy court has discretion of...more

Sheppard Mullin Richter & Hampton LLP

FTC Reaches Settlement with Crypto Platform

On July 13, the FTC issued a press release announcing that it had reached a settlement with a bankrupt crypto platform. The New Jersey based company, which filed for bankruptcy in July 2022, marketed a variety of...more

Morgan Lewis

Delaware Bankruptcy Court Ruling on $7.2B Claim Affects Fraudulent Transfer Defense, Valuation Litigation

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In a decision likely to have a knock-on effect for future fraudulent transfer defense and valuation litigation, the Delaware bankruptcy court recently ruled that the price agreed in the sale of an oil and gas company closed...more

Tucker Arensberg, P.C.

LTL, Part Deux (now with even more fraudulent transfers!)

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Here we go again. Precisely one hour and thirty-nine minutes after the dismissal of the bankruptcy filing of LTL, Johnson & Johnson’s artificially created talc-liability subsidiary, the company was right back at it again with...more

Patrick Malone & Associates P.C. | DC Injury...

As opioid drug-case settlement advances, fentanyl deaths spike in D.C. area

Just as attorneys generals for more than a dozen states inch toward a multibillion-dollar settlement with a drug maker faulted for its big role in the start of the opioid abuse and drug overdose crisis, that health menace is...more

Dorsey & Whitney LLP

Borrowers and Banks Beware: The New Year Brings the Nation’s First False Claims Act Settlement for Paycheck Protection Program...

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On January 12, 2021, the Eastern District of California entered into a civil settlement with a Paycheck Protection Program (“PPP”) borrower and its CEO to resolve allegations of fraud. The settlement stemmed from a $350,000...more

Carlton Fields

Bar Orders Must Be Integral To Settlement in Order To Be Essential

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Bar orders have been a useful tool in resolving various types of litigation. These include claims against companies that are in bankruptcy or receivership....more

Robins Kaplan LLP

Financial Daily Dose 4.27.2020 | Top Story: Uncertainty Over How to Reopen Rules Even as Some States Return to Business

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All the talk of when to reopen the economy is largely gotten in the way of a bigger (and thornier, if possible) question: how to do it. Despite the bold declarations from optimists and wishful thinkers that it’s as easy as a...more

Mintz - Bankruptcy & Restructuring Viewpoints

First Circuit Issues Important Ruling on Valuing Secured Claims in Settled Causes of Action

In a recent decision addressing valuation issues, the First Circuit has issued an important reminder – and warning – to creditors seeking to establish a secured claim in settlement proceeds based on a security interest in the...more

Robins Kaplan LLP

Financial Daily Dose 10.1.2019 | Top Story: Credit Suisse COO Resigns in Wake of Corporate Spying Scandal

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Top Tidjane Thiam ally Pierre-Olivier Bouee, Credit Suisse’s COO, has resigned in the wake of an internal probe finding that he “ordered the surveillance of the bank’s former wealth-management chief, Iqbal Khan, without...more

Patterson Belknap Webb & Tyler LLP

Let the Seller Beware? Debtor’s Attempt to Monetize its Own Default May Impact Sellers of Credit Default Swaps

The Sears bankruptcy case made headlines this month in the complex world of credit default swaps (CDS). A credit default swap is a contract pursuant to which the seller receives payment from a buyer in exchange for which the...more

Robins Kaplan LLP

Your Daily Dose of Financial News

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Dealbook gives us this uncomfortable take on China’s “nuclear option” in the trade war with the United States—its holdings of more than $1 trillion in US foreign debt and the possibility of stepping back from buying (or even...more

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