Skip to main content

%1

DOJ: Alpha Natural Reorganization Plan Not Viable

Submitted by jhartgen@abi.org on

The U.S. Department of Justice has opposed a plan by coal producer Alpha Natural Resources to sell valuable assets to its creditors, which it said puts significant mine cleanups at risk, Reuters reported yesterday. The sales are part of Alpha Natural's plan to emerge from bankruptcy protection, which it filed last August in the midst of plummeting coal demand. Environmental groups have said the plan would leave the reorganized group with insufficient funds to tackle cleanups. Federal law requires coal companies to restore land they have mined, but a string of bankruptcy filings by major U.S. coal companies has raised concern among environmental agencies and the government that future mine cleanups may be at risk. "The plan as proposed is not feasible or viable in terms of providing for the completion of environmental reclamation and long-term water treatment" at the company's mining sites as required by federal law, the U.S. government said in its filing opposing Alpha's plan in U.S. Bankruptcy court in Richmond, Va. The government does not plan to approve the transfer of any federal lease or contract unless cleanups are assured, the Department of Justice said, adding that the transfer of such leases without government consent is prohibited. It said that the Environmental Protection Agency and other government departments and agencies supported its stance.

Maxus Energy Files for Bankruptcy Protection

Submitted by jhartgen@abi.org on

Maxus Energy Corp. filed for bankruptcy protection Friday after reaching a deal with its corporate parent, YPF SA, on the terms of a settlement tied to liabilities for the cleanup of New Jersey’s contaminated Passaic River, the Wall Street Journal reported today. The deal calls for YPF to provide Maxus, which filed for chapter 11 protection in U.S. Bankruptcy Court in Wilmington, Del., along with four other affiliates including its Tierra Solutions unit, with $130 million. In return, Maxus will drop any “alter ego” claims it may have against its parent for cleaning up the river. YPF, which is Argentina’s state-run oil company, bought Maxus Energy Corp. in 1995. A New Jersey state court ruled five years ago that Maxus and Tierra were responsible for dumping of dioxin, a highly toxic chemical and suspected carcinogen, into the river in the 1950s and 1960s. The bankruptcy filing comes days before Occidental Petroleum Corp.’s chemical subsidiary, known as OxyChem, was slated to head to court over litigation seeking to put YPF on the hook for Maxus’s environmental obligations. OxyChem purchased part of Maxus’s business in 1986.

Skadden Counters Creditors' $35 Million Legal Malpractice Suit

Submitted by ckanon@abi.org on
After a client of Skadden, Arps, Slate, Meagher & Flom landed in bankruptcy court, creditors have brought suit against the law firm for legal malpractice, alleging that the firm turned a blind eye to multiple conflicts because it had a lucrative relationship with the company's founder, the New York Law Journal reported today. Fighting back against the suit, Skadden, represented by Cooley, contends the claims are purely speculative. The plaintiffs suing Skadden for $35 million in alleged damages are lenders and private-equity funds Centre Lane Partners, 10th Lane Finance Co., ZM Private Equity Fund I and ZM Private Equity Fund II. The funds are creditors of aviation company Evergreen International Aviation, which Delford Smith founded. It filed chapter 7 papers in Delaware in late 2013. The creditors sued Skadden in March after Delaware Bankruptcy Judge Mary Walrath granted them derivative standing to sue the firm. The order said the lenders are authorized, on behalf of the debtor's estate, to pursue, prosecute and settle claims against the firm. The malpractice lawsuit alleges that Skadden freely represented multiple parties, with differing and conflicting interests, on a wide scope of legal work, and this conflicted representation was not disclosed or waived. In particular, the lawsuit alleges Skadden had conflicts at the time of two "likely fraudulent transfers" that closed in 2013 and that resulted in cash being diverted from the now-bankrupt entity.

Wells Fargo GC on the Perils of Running a Big Bank Legal Department

Submitted by ckanon@abi.org on
In 2012, Wells Fargo general counsel James Strother launched a three-pronged program to reform his department and cut costs: His team reevaluated the way they hired lawyers, how work was managed internally, and what work was going to which law firms, Bloomberg Law reported yesterday. The results followed a familiar trend: more resources and more work in-house, and more pressure on law firms to bring prices down. Before his reform effort started, outside legal spending constituted 80 percent of his budget. Two years later when it finished, legal spending was down to close to two-thirds of his budget. He declined to name specific dollar amounts. One of the nation’s largest financial institutions, Wells Fargo, is ranked 27th in the latest Fortune 500 list. The company has 8,000 locations, 13,000 ATMS, and offices in 36 countries. The bank posted over $22 billion in revenue in the first quarter of 2016. Last month, Strother spoke to Big Law Business about changes in his legal department, how his lawyers are still grappling with the effects of the financial crisis, and do’s and don’ts for law firms that want his business.