Mass Torts

The following session took place during the 2024 Caribbean Insolvency Symposium in January 2024. Do bankruptcy courts have jurisdiction to enter nonconsensual releases under any circumstance? This panel will explore this question and more. All sessions from this conference can be accessed at https://cle.abi.org/.

Materials are available here.

Speakers:

Hon. María de los A. González Hernández, Moderator
U.S. Bankruptcy Court (D. P.R.) | San Juan
Daniel Desatnik
Proskauer | New York
Hon. Robert D. Drain (ret.)
Skadden, Arps, Slate, Meagher & Flom LLP | New York
Jessica C. Lauria
White & Case LLP | New York
Andrew M. Troop
Pillsbury Winthrop Shaw Pittman LLP | New York

The following session took place during Caribbean Insolvency Symposium in February 2022. This panel will discuss recent developments in mass tort bankruptcy cases, including the Purdue Pharma case and the Texas Two-Step (divisive merger), as well as its viability given recent rulings, including in In re DBMP LLC and In re Aldrich Pump, which suggest that divisive mergers may be subject to challenge as fraudulent transfers or under alter-ego, successor-liability and similar doctrines. Developments in third-party releases and legislation aimed at prohibiting third-party releases and limiting forum-shopping will also be discussed. All sessions from this conference can be accessed at https://cle.abi.org/.

Speakers:

Vincent F. Alexander, Moderator
Lewis Brisbois Bisgaard & Smith LLP; Fort Lauderdale, Fla.
Jeffrey K. Garfinkle
Buchalter, P.C.; Irvine, Calif.
Hon. David R. Jones
U.S. Bankruptcy Court (S.D.TX.); Houston
Andrew M. Troop
Pillsbury Winthrop Shaw Pittman LLP; New York