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May 13, 2024 | The American Lawyer

'It Is Not Zealous Advocacy. It Is Fraud': PI Firm Sued for Racketeering in Asbestos Cases

Simmons Hanly Conroy, based in the St. Louis metropolitan area, allegedly filed sham lawsuits and scripted witness testimony, according to plastic pipe manufacturer J-M Manufacturing.
6 minute read
September 11, 2023 | New York Law Journal

Good Faith and Financial Distress: Can a Solvent Debtor Have a Valid Reorganizational Purpose?

In the 45 years since the enactment of the Bankruptcy Code, the Chapter 11 process has been successfully used by companies to address and resolve mass tort liabilities. However, what were once considered legitimate uses of Chapter 11 may now be rejected by bankruptcy courts as bad faith filings.
8 minute read
September 05, 2023 | New York Law Journal

SCOTUS' Purdue Pharma Position Could Shake Up Boy Scout Settlement, Objectors Say

Both Purdue Pharma and the Boy Scouts of America have approved plans that release the claims of third parties without requiring those parties' consent. In both cases, objectors say bankruptcy courts don't have the authority to approve plans that include that type of release.
5 minute read
August 31, 2023 | Delaware Business Court Insider

SCOTUS' Purdue Pharma Position Could Shake Up Boy Scout Settlement, Objectors Say

Both Purdue Pharma and the Boy Scouts of America have approved plans that release the claims of third parties without requiring those parties' consent. In both cases, objectors say bankruptcy courts don't have the authority to approve plans that include that type of release.
5 minute read
August 31, 2023 | Delaware Law Weekly

Lawyers Say SCOTUS' Purdue Pharma Position Could Shake Up Boy Scout Settlement

Both Purdue Pharma and the Boy Scouts of America have approved plans that release the claims of third parties without requiring those parties' consent. In both cases, objectors say bankruptcy courts don't have the authority to approve plans that include that type of release.
5 minute read
September 16, 2022 | New York Law Journal

Out-of-Court Restructuring To Exit Asbestos Litigation: Alternative to Chapter 11

This article summarizes the key challenges associated with solving the asbestos litigation problem through the Chapter 11 restructuring process, and explains why an out-of-court restructuring transaction may be a preferred alternative.
8 minute read
August 19, 2022 | New York Law Journal

The Low Bar of the Non-Obviousness Standard for Design Patents

This article provides a discussion of the "low standard" for non-obviousness—one of the requirements for the patentability of a design—that is now consistently being applied by the USPTO and the courts.
11 minute read
May 25, 2022 | New York Law Journal

The Broad Range of Amicus Arguments Advanced for and Against Nonconsensual Third-Party Releases in the 'Purdue' Appeal

Seven groups and one law professor submitted amicus briefs. Five of the amici support Purdue's appeal and three oppose.
10 minute read
September 17, 2021 | New York Law Journal

Congress Seeks To Restrict Nondebtor Releases in New Bankruptcy Reform Bill

While some of the concerns regarding nonconsensual third-party releases may be valid, the Nondebtor Release Prohibition Act of 2021 goes too far in limiting what can, in the right circumstances, be a valuable tool in restructurings.
8 minute read
September 10, 2021 | New York Law Journal

Let J&J File for Bankruptcy

Johnson & Johnson is considering offloading liabilities from its talc litigation into a newly created subsidiary that would then seek bankruptcy protection.
5 minute read

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