Jeffrey Garfinkle is a panelist on the topic of “Mass Tort Update,” at the American Bankruptcy Institute Caribbean Insolvency Symposium on February 8, 2022 in Key Largo, Florida.
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.
