Mass Torts in Bankruptcy: Confirmation Strategies and the Role of Insurance
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will discuss emerging strategies for confirming a Chapter 11 plan in a case filed to address mass-tort liability. The panel will address the pivotal role of insurance and channeling injunctions as well as options for dealing with impasses among various constituencies.
Outline
- Overview of mass tort bankruptcies
- Parties in a mass tort Chapter 11 case
- Sources of funding for mass tort claims
- Confirmation issues
Benefits
The panel will discuss these and other key issues:
- Do insurers have a duty to settle in bankruptcy and are they subject to bad faith claims if they do not?
- Is the insurance contract an executory contract that can be assumed and assigned under Section 365?
- To whom are claims against the insurer potentially transferred: individuals or trusts?
- What law governs?
Faculty
Howard Brod Brownstein, CTP
President and CEO
The Brownstein Corporation
Mr. Brownstein provides turnaround management and advisory services to companies and their stakeholders, as well as... | Read More
Mr. Brownstein provides turnaround management and advisory services to companies and their stakeholders, as well as investment banking services, fiduciary services, and litigation consulting, investigations and valuation services. He also serves as an independent corporate board member for publicly-owned and privately-held companies, as well as large nonprofits.
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Timothy W. Burns
Partner
Burns Bair
Mr. Burns combines a deep understanding of insurance law and the insurance industry with a broad understanding of the... | Read More
Mr. Burns combines a deep understanding of insurance law and the insurance industry with a broad understanding of the civil litigation system that allows him to bring creative solutions to high-stakes problems.
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C. Anne Malik
Partner
Orrick Herrington & Sutcliffe
Ms. Malik is Partner in Orrick's Washington, D.C., office and a member of the firm's Complex Litigation and... | Read More
Ms. Malik is Partner in Orrick's Washington, D.C., office and a member of the firm's Complex Litigation and Dispute Resolution group. With a focus on mass torts and product liability, her practice involves defending companies in a variety of industries against complex tort suits. Ms. Malik also works with Orrick's Public Policy group advising clients on strategies for solving key state legislative issues.
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Kimberly Parson
Partner
Rebar Kelly
Ms. Parson is the managing partner of the firm’s New Jersey office. She has experience representing clients in... | Read More
Ms. Parson is the managing partner of the firm’s New Jersey office. She has experience representing clients in complex commercial litigation, focusing on insurance coverage, litigation general commercial litigation, personal injury liability, products liability, environmental liability, mass torts, professional negligence, medical malpractice, and employment liability; as well as in New Jersey’s Municipal Court. Ms. Parson also has experience in providing coverage opinions and advice to insurance carriers concerning their coverage obligations under various types of insurance policies including, comprehensive general liability, group property and casualty lines, public entity insurance, specialty and professional risk, excess, contractors, automobile liability, and workers’ compensation and/or employer’s liability coverage. In addition, she represents clients with municipal court liability and is a former New Jersey Municipal Court Prosecutor.
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Ilan D. Scharf
Partner
Pachulski Stang Ziehl & Jones
Mr. Scharf specializes in financial restructuring and bankruptcy litigation, with a particular focus on representing... | Read More
Mr. Scharf specializes in financial restructuring and bankruptcy litigation, with a particular focus on representing creditors' committees of nonprofit entities. He has experience representing debtors, creditors’ committees, equity holders, asset purchasers, trade creditors, chapter 11 trustees, and other parties in business reorganizations and related litigation. Mr. Scharf has experience before bankruptcy courts in New York, Delaware, New Jersey and Pennsylvania. He was named a Rising Star by Super Lawyers magazine in 2012, and has been selected as a Super Lawyer every year since. Mr. Scharf is a graduate of Yeshiva University and received his J.D. from the University of Pennsylvania. He was a law clerk to the Honorable Robert E. Gerber in the United States Bankruptcy Court for the Southern District of New York. Mr. Scharf is admitted to practice in New York, and is resident in our New York office.
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