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The role and potential for arbitration in cross-border insolvency disputes

With the increase in global trade and business, often involving complex corporate structures in multiple jurisdictions, we expect to see a significant increase in cross-border insolvency and restructuring matters in coming years. This is especially the case with rapid advancements in technology and digital change driving “borderless” transactions and investments in every industry.

Global, Arbitration & ADR, Insolvency & Restructuring, Litigation, Norton Rose Fulbright, Mediation, UNCITRAL
Johnson & Johnson’s Indirect Subsidiary Seeks Chapter 11 Protection and Establishment of Trust Relating to Cosmetic Talc Claims

U.S. Bankruptcy Court for the Western District of North Carolina, October 14, 2021

USA, North Carolina, Insolvency & Restructuring, Litigation, Product Regulation & Liability, Goldberg Segalla LLP
Insurer Liability Remanded for Further Factual Findings as to Statutory Relationship Requirement

U.S. Court of Appeals for the Third Circuit, September 15, 2021

USA, Insolvency & Restructuring, Insurance, Litigation, Goldberg Segalla LLP, Bankruptcy
Bankruptcy Judge Declines to Prevent Hypothetical Talc Liability Restructuring

Johnson & Johnson currently has approximately 25,000 lawsuits pending against it related to its talc products, including talcum powder and baby powder

USA, Insolvency & Restructuring, Litigation, Product Regulation & Liability, Goldberg Segalla LLP
Proof of Claim Bankruptcy Documents Ruled Discoverable with Redaction of Settlement Amounts and Sensitive Medical Information

Supreme Court of the State of New York, County of Monroe, July 15, 2021

USA, Insolvency & Restructuring, Litigation, Product Regulation & Liability, Goldberg Segalla LLP
2021 First Quarter Asbestos Bankruptcy Trust Alert

Asbestos bankruptcy trusts remain a topic frequently monitored and reported on Asbestos Case Tracker. As the first quarter of 2021 comes to a close, we have seen a number of changes to 11 trusts that will impact the amount of compensation available to individuals claiming asbestos-related injuries.

USA, Insolvency & Restructuring, Litigation, Product Regulation & Liability, Goldberg Segalla LLP
Proposed PROTECT Asbestos Victims Act Seeks to Prevent Fraud and Preserve Victim Compensation

On March 3, 2021, the PROTECT Asbestos Victims Act, otherwise known as S.574, was introduced in the U.S. Senate by Senators Thom Tillis (R-NC), John Cornyn (R-TX), and Chuck Grassley (R-IA). This legislation attempts to reform the asbestos bankruptcy trust system by providing oversight of asbestos bankruptcy trusts, ensuring those harmed by asbestos receive fair and just compensation, and eliminating fraud and abuse within the trust system.

USA, Healthcare & Life Sciences, Insolvency & Restructuring, Private Client & Offshore Services, Product Regulation & Liability, Goldberg Segalla LLP, Medicare, Medicaid
Spotlight on investor-state arbitration and insolvency

Introduction

Global, Arbitration & ADR, Insolvency & Restructuring, Norton Rose Fulbright
North Dakota Asbestos Bankruptcy Trust Transparency Act Deemed Constitutional, Plaintiffs Demanded to Disclose Bankruptcy Trust Filings

U.S. District Court for the District of North Dakota

In Kotalik v. A.W. Chesterton Co., several defendants filed motions to enforce the plaintiffs’ compliance with disclosure requirements of North Dakota’s Asbestos Bankruptcy Trust Transparency Act. Counsel for the defendants as well as plaintiffs moved the court for a hearing on the issue. Lastly, plaintiffs’ counsel moved for a certification of a question to the North Dakota Supreme Court regarding the constitutionality of the Trust Transparency Act.

USA, North Dakota, Insolvency & Restructuring, Litigation, Product Regulation & Liability, Goldberg Segalla LLP, Bankruptcy
Johns Manville Cannot be a Joint Tortfeasor Without Filing a Bankruptcy Trust Claim

U.S. District Court for the Eastern District of Louisiana, May 13, 2020

USA, Insolvency & Restructuring, Litigation, Goldberg Segalla LLP