Revolutionizing Resolution: How Divisive Mergers and Bankruptcy Code Enhance Corporate Strategy for Mass Tort Liabilities

Miami, FL — A recent study highlighted in the University of Miami Business Law Review delves into the increasingly common strategy for handling mass tort liabilities within corporations through the lens of corporate restructuring. Specifically, it examines the use of divisive mergers under the United States Bankruptcy Code to maneuver around the financial pitfalls that can debilitate large businesses. In the business landscape, restructuring strategies are pivotal, especially when confronted with substantial liabilities. A divisive merger, although less known, serves as a strategic tool by splitting an existing business entity into two new independent entities. … Read more

Broken Scales of Justice: How Mass Tort Litigation Has Morphed into a Goldmine for Trial Attorneys at the Expense of Genuine Grievances

The United States is witnessing a profound transformation in its civil law landscape, largely characterized by an exponential increase in mass tort litigation. Observers and experts point to a surge in litigation that, while ostensibly designed to address grievances and deliver justice, has frequently become a profit-driven venture for many legal practitioners. This shift in the civil justice system’s dynamics is notably influenced by a certain segment of the legal profession, sometimes referred to as ‘bad actors’, whose practices have geared more towards monetization than mediation. This trend has sparked debates about the integrity of … Read more

Texas Shuffle: Corporate Strategies to Sidestep Mass Tort Accountability Unveiled

In a significant legal twist reminiscent of a Texas two-step dance, corporations accused of wrongdoing are employing a sophisticated strategy to sidestep the repercussions of mass tort liability. This maneuver involves the creative use of bankruptcy filings not just to reorganize debt but as a shield against large-scale lawsuits. Typically, these cases involve allegations of product liabilities, environmental damages, or other mass harm events that impact numerous plaintiffs. The legal tool at the center of this strategy is known as the Texas two-step, named not for its state of origin but for its bifurcated approach. … Read more

Robert F. Kennedy Jr. Cheers Mass Tort Attorneys with HHS Nomination, Eyes Major Regulatory Reforms

Washington, D.C. – The president-elect, Donald Trump, has chosen Robert F. Kennedy Jr., a former trial lawyer and member of the renowned Kennedy political family, to head the Department of Health and Human Services. This decision has sparked enthusiasm among mass tort lawyers and plaintiffs’ attorneys, primarily due to Kennedy’s deep background in significant personal injury and environmental litigation. In selecting Kennedy, who has diverged from his traditional Democratic roots to endorse and support Trump, the incoming administration makes a distinctive choice that appears to oppose its conventional ideologies. This appointment suggests a potential shift … Read more