Friday, October 21
AIRA Breakfast & CLE Program
7:30 - 8:45 AM | Crystal Ballroom K L

"Procrustes Challenge – Designing Mass Tort Settlement Trusts and TDPs: One Size Does Not Fit All"

Recent chapter 11 cases have generated significant controversy over the design of mass tort settlement trusts, trust governance structure, nonconsensual third-party releases, the constitutionality of these trusts, and other issues, leading to last minute plan negotiations and settlements, appeals, reversals, and new settlements. This panel will discuss Purdue, Mallinckrodt, Boy Scouts, J&J, LTL Management and other cases that seek to resolve these liabilities by using the plan confirmation process. Panel members will discuss whether the bankruptcy process is superior to the tort system as a mechanism and approach to resolving these matters for both companies and victims.

Learning Objectives: This session will address developments in mass tort bankruptcy cases regarding the design of mass tort settlement trusts, trust governance structures, nonconsensual third-party releases, the constitutionality of these trusts, and other issues.

• Participants will learn about recent cases including plan negotiations and settlements, issues in confirmation hearings, appeals, reversals, and new settlements.
• Participants will learn about governance issues involving settlement trusts and trust distribution procedures considering Purdue, Mallinckrodt, Boy Scouts, J&J, LTL Management and other cases.
• Participants will consider whether the bankruptcy process is superior to the tort system as a mechanism and approach to resolving these matters for both companies and victims.
• Participants will learn about methods of analysis for evaluating trust governance and settlements in mass tort bankruptcy cases.

Moderator:

Stephen Darr
Huron Consulting
Boston, MA