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ABI-Live: The Texas Two Step of Tort Liability
Sponsored by Business Reorganization Committee
Over the past decade, companies burdened with significant asbestos and other tort liability have utilized the so-called “Texas Two-Step” strategy to separate those tort liabilities from core assets and resolve them through the chapter 11 bankruptcy process. The “Texas Two-Step” involves a “divisional merger” permitted under the Texas Business Organizations Code and has garnered renewed national attention when it was used by Johnson & Johnson last month as the means to address tort liability arising from its talc products.
Please join us for a webinar where our esteemed panelists will provide an overview of the Texas Two-Step, including key rulings, as well as important features and considerations in large tort bankruptcy cases generally, and discuss their reactions to and predictions for the J&J bankruptcy cases.
Litigating Director and Officer Claims in Bankruptcy
Hosted by the Young & New Members and Commercial Fraud Committees
A frequent element of bankruptcy cases is the assertion of claims against the directors and officers of the debtor, particularly when the debtor has a significant D&O insurance policy. This panel will explore the use of fiduciary-duty litigation in bankruptcy by dissecting the anatomy of a D&O lawsuit, including the types of claims asserted and their possible defenses. The panelists will also discuss how to analyze D&O insurance policies, and such key issues as whether the proceeds of D&O policies are considered property of the estate. Finally, the panelists will highlight best practices for debtors’ counsel faced with such claims, and show how to navigate potential ethical issues.
M&A, Startups and Where We Go from Here
This panel will focus on current M&A activity in the health care industry and where the opportunities lie, including in startups and other technology.
As the Health Care Industry Emerges from COVID-19, What Will the Challenges Be?
This panel will discuss the challenges the industry faces post-pandemic, including how to get supplies, staff and other key ingredients to make the business aspect of health care work.
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