All Eyes Are on J&J's Talc Bankruptcy in 2022: The Morning Minute
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December 22, 2021 at 06:00 AM
5 minute read
Bankruptcy
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WHAT WE'RE WATCHING
POTENTIAL POWDER KEG - One of the largest mass tort matters in 2022 won't end up in front of juries or trial judges, but in U.S. Bankruptcy Court, where the future of the talcum powder litigation against Johnson & Johnson—and possibly the use of a controversial merger tactic—could be decided, Law.com's Amanda Bronstad reports. Lawyers for the talc claimants already moved to dismiss the Chapter 11 case, filed on Oct. 14 by LTL Management, a newly created subsidiary of J&J, to resolve more than 38,000 lawsuits alleging its talcum powder products cause ovarian cancer or mesothelioma. Chief Judge Michael Kaplan, of the U.S. Bankruptcy Court in New Jersey, could decide by Feb. 15 whether to grant dismissal. His decision could go either way. But regardless, Johnson & Johnson's case could result in some of the first court rulings involving a tactic that other entities, such as the Boy Scouts of America and USA Gymnastics, have used to manage massive tort liabilities through bankruptcy. "Besides Johnson & Johnson, a lot of other companies are watching very closely because if this does end up going all the way through the courts and endorsed, it's going to be Plan A for these corporations," said Lynn LoPucki, a bankruptcy professor at UCLA School of Law. "This is a fundamental challenge to the ability of bankruptcy courts to adjudicate these claims under the federal bankruptcy laws."
AS THE KIDS SAY… - Trying to understand Gen Zers can be a daunting proposition, what with all the TikTok-ing and such. But the reality is that, like any younger generation, the only way to truly relate to them…is to just sit down and rap with them! As Law.com's Lizzy McLellan and David Gialanella report, law firm leaders are beginning to find that, once they really make an effort to listen to the wants and needs of up-and-coming attorneys, it turns out they're not so hard to figure out after all. "The characteristics of Gen Z track in our younger lawyers," Mark Frazier, managing partner of California-based Rutan & Tucker, said. He sees the 160-lawyer firm's new associates as independent thinkers who question convention and who are attuned to thinking financially. "When we recruit younger lawyers, we are essentially looking for people who have those sorts of characteristics," says Frazier, who joined the firm directly out of law school in 1982 and says he first became aware of generation gaps around 2000. "We're hiring potential future partners; we're not just hiring bright young lawyers. … So we like to see self-confidence, we like to see engagement."
WOULD YOU LIKE FRIES WITH THAT? - Kirkland & Ellis advised McDonald's on the sale of its personalization tech startup Dynamic Yield unit to Mastercard. Financial terms were not disclosed. The transaction, announced Dec. 21, is expected to close in the first half of 2022. The Kirkland & Ellis team was led by partners Jaye Kasper, Eric Schiele and Marshall Shaffer. Counsel information was not available for Mastercard. Stay up on the latest deals and litigation with the new Law.com Radar.
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EDITOR'S PICKS
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- Indiana University General Counsel Steps Down Amid Public Records Controversy By Phillip Bantz
- Capital One Settles Lawsuits Over 2019 Data Breach By Amanda Bronstad
- How I Got Into Law School: 'The Student Body Is the Most Overlooked Feature of Every Law School,' Says Saul Ewing's Zachary M. Kimmel By Carley Beckum
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WHILE YOU WERE SLEEPING
NEW WAY TO PAY - Gericó Associates, a Madrid-based marketing and business development consultancy for law firms that operate in Europe and Latin America, plans to accept cryptocurrency as a form of payment starting in January, Law.com International's Amy Guthrie reports. The shift comes at the request of firms, especially in Latin America, where some governments limit the amount of local currency that may be exchanged for global currencies such as the U.S. dollar and the euro. Managing partner Marc Gericó said the consultancy will accept what it views as the two most solid cryptocurrencies on the market: Bitcoin and Ethereum. Gericó believes that taking cryptocurrency as payment will reduce costs and generate efficiencies in verification processes. "In addition, it responds to challenges such as inflation, the devaluation of fiat currency, data protection and the difficulties presented by certain international payment transactions," Gericó said in a statement to Law.com International.
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WHAT YOU SAID
"Nobody in my family owns anything other than a trailer. So to be given this opportunity to now have a job that probably within the next year will allow me to be able to buy a stick-built house [is amazing] and I will be able to pass the generational wealth on.."
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Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
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David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
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