This session explores the growing intersection of mass tort litigation and Chapter 11 bankruptcy. While bankruptcy is often praised for enabling companies to reorganize and maximize creditor recovery, many MDL lawyers remain critical of its use in mass tort cases. Recent trends show that proposed payouts in bankruptcy mirror those in MDL settlements, raising the question: if outcomes are similar, why the resistance? The panelists will examine these objections, the shifting control of litigation during bankruptcy, and best practices to make the process more transparent and acceptable to all stakeholders.
Speakers:
- Jeffrey D. Prol, Partner, Lowenstein Sandler LLP
- Michael Shenkman, Bailey & Glasser LLP
- Hayden Coleman, Dechert LLP
- Dan Prieto, Jones Day
- Robert Harris, Binder Malter Harris and Rome-Banks LLP
- Hon. Michael Kaplan, United States Bankruptcy Court, District of New Jersey
Time: 8:45 a.m. ET
Location: Cleveland State University College of Law, 1801 Euclid Ave, Cleveland, OH 44115