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“A proceeding aimed at impairing a single creditor is not the collective administration Chapter 15 contemplates, and the mismatch is not a technicality. It is part of the Debtors’ bad faith effort to forum shop for the most advantageous tool to use against their litigation adversary,” Skillz attorneys alleged.
The Debtors here deployed an insolvency statute against the one creditor whose judgment they wished to defer and compromise, left every ordinary-course creditor untouched, preserved their own equity, and sought releases for the insiders who directed the conduct that produced the judgment—then asked this Court to treat that machinery as proof that their affairs are centered in Israel,” the petition continued.
“The Court should refuse the relief requested by … because it is manifestly contrary to the public policy of the United States based on the Debtors’ well-documented and pervasive bad faith conduct,” the petition said. “The Debtors are using the Israeli Action—a limited action which lacks many of the core characteristics of a collective insolvency proceeding—as a strategic tool to evade responsibility for their deceptive conduct.”
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“At that point, we sort of knew of the opportunity, but it wasn’t specifically factored into the guidance necessarily,” he stated. “But I think when we set the guidance, we saw there are ambitious targets, and there were not necessarily specific contributors in terms of how you’re going to get there other than looking at the overall opportunities across the group.
“Where we’ll revisit the targets at the full-year results, I think that will probably be the logical time to more explicitly factor Brazil into any revised targets we might potentially issue at that point in time. But I think that should only enhance how the business is currently doing and frankly, enhance probably what the current market expectations are for the group in the years ahead.”
The ongoing dispute between Evolution and Playtech continues to rumble on.
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George Hasselback is done with Imperial Pacific International (IPI). The attorney has been representing the controversial and incompetent casino operator as it defended itself in a lawsuit filed by Fox Financial, as well as others, but has now washed his hands and stepped away. He had filed a request to withdraw from representing the company on February 12, and a judge granted his petition yesterday. Magistrate Judge Heather Kennedy agreed with Hasselback in his assertion that continued representation would put him in an ethical conundrum.
Judge Kennedy explained in her ruling, “The court finds that Hasselback’s statements that continued representation in this matter would cause him to violate several ethical obligations trigger mandatory withdrawal under Model Rule 1.16(a) and is sufficient for granting his motion.” She added, “Hasselback need not be required to provide details, beyond his written motion, to establish that mandatory withdrawal is warranted,” and stated that requiring him “to specify the basis for his mandatory withdrawal could create the untenable situation of an attorney having to choose between his obligation of candor to the court and his obligation to maintain his client’s confidences.”
Unfortunately, because of that attorney-client privilege, it is difficult to know what types of ethical dilemmas Hasselback is facing. However, it’s likely just the mere hint at issues will be enough for IPI to find itself, once again, being more closely scrutinized. Where that leads is anyone’s guess, given gaming regulators’ reluctance to hold the company accountable for its actions.