Editor's Note: The Harvard Law School Bankruptcy Roundtable is excited to bring readers the first entry in a new semi-annual …
Continue Reading about BRT Book Corner: Unjust Debts; The Financial Restructuring Tool Set
Opting into opting out: Due process and opt-out releases
By Marshall S. Huebner and Kate Somers (Davis Polk & Wardwell, LLP) Since the U.S. Supreme Court issued its ruling …
Continue Reading about Opting into opting out: Due process and opt-out releases
The Alchemist’s Inversion
By Professor Samir Parikh (Wake Forest University School of Law) Litigation finance makes the world go round. The capital …
[Purdue Pharma Bankruptcy Series] Mass Torts, The Bankruptcy Power, and Constitutional Limits on Mandatory No-Opt-Outs Settlements
Editor's Note: We're pleased to continue our series of original content on the implications of the Supreme Court's ruling in the …
[Purdue Pharma Bankruptcy Series] What Happens After the Supreme Court’s Debacle in Purdue Pharma?
Editor's Note: We're pleased to continue our series of original content on the implications of the Supreme Court's ruling in the …
[Purdue Pharma Bankruptcy Series] The End(s) of Bankruptcy Exceptionalism: The Future of Mass Tort Reorganization After Purdue Pharma
Editor's Note: We're pleased to continue our series of original content on the implications of the Supreme Court's ruling in the …
Bankruptcy Law in the Wake of the MeToo Movement
By Adi Marcovich Gross (Postdoctoral Fellow, Wharton Initiative on Financial Policy and Regulation; JSD Candidate, Columbia Law …
Continue Reading about Bankruptcy Law in the Wake of the MeToo Movement
Mass Tort Bankruptcy Goes Public
By Professor William Organek (Zicklin School of Business, Baruch College) Large companies like 3M, Johnson & Johnson, …
Against Bankruptcy; Bankruptcy by Another Name
Editor's Note: As the Supreme Court considers the bankruptcy of Purdue Pharma and whether the nonconsensual nondebtor releases …
Continue Reading about Against Bankruptcy; Bankruptcy by Another Name
Opaque Capital and Mass Tort Financing
By Professor Samir Parikh (Lewis & Clark Law School) Complex litigation is resource intensive and places a staggering …
Continue Reading about Opaque Capital and Mass Tort Financing
Institutional Capture: Why We’re Overdue for a New Bankruptcy Act
By Jessica Graham (Harvard Law School) Injustice does not exist only in matters of civil rights, human dignity, and economic …
Continue Reading about Institutional Capture: Why We’re Overdue for a New Bankruptcy Act
How Do Bankruptcy Grifters Destroy Value in Mass Tort Settlements? In re Purdue Pharma as a Bargaining Failure
By Jason Jia-Xi Wu (Harvard Law School '23) Bankruptcy has become the endgame of mass tort litigation. Increasingly, …
[Purdue Pharma Bankruptcy Series] Oral Argument Summary + Thoughts
Editor's Note: On December 4, 2023, the Supreme Court heard oral argument in the Purdue Pharma bankruptcy. The Bankruptcy …
Continue Reading about [Purdue Pharma Bankruptcy Series] Oral Argument Summary + Thoughts
[Purdue Pharma Bankruptcy Series] Respondent Briefs (Respondent and pro-release parties)
Editor’s Note: On December 4, 2023, the Supreme Court is scheduled to hear oral argument in the bankruptcy case of Purdue Pharma …
[Purdue Pharma Bankruptcy Series] Petitioner Briefs (US Trustee and other anti-release parties)
Editor’s Note: On December 4, 2023, the Supreme Court is scheduled to hear oral argument in the bankruptcy case of Purdue Pharma …
[Purdue Pharma Bankruptcy Series] The Rule of the Deal: Bankruptcy Bargains and Other Misnomers and Sorting Bugs and Features of Mass Tort Bankruptcy
Editor's Note: On August 10, 2023, the Supreme Court of the United States agreed to hear the appeal of the bankruptcy of Purdue …
[Purdue Pharma Bankruptcy Series] Are Third-Party Releases Proper?
Editor's Note: On August 10, 2023, the Supreme Court of the United States agreed to hear the appeal of the bankruptcy of Purdue …
Continue Reading about [Purdue Pharma Bankruptcy Series] Are Third-Party Releases Proper?
Silencing Litigation Through Bankruptcy
By Pamela Foohey (Yeshiva University - Benjamin N. Cardozo School of Law) and Christopher K. Odinet (University of Iowa - College …
Continue Reading about Silencing Litigation Through Bankruptcy
In Defense of Chapter 11 for Mass Torts
By Anthony J. Casey and Joshua Macey (University of Chicago Law School) Recent high-profile bankruptcies involve the use of …
Continue Reading about In Defense of Chapter 11 for Mass Torts
Bankruptcy Overload
By Laura Coordes (Arizona State University Sandra Day O'Connor College of Law) Over the past few years, a growing number of …