Discussing a practice that has grown substantially in recent years — using Chapter 11 bankruptcy as a legal strategy in mass tort litigation — Schulte Roth & Zabel partner Doug Mintz recently spoke to Alex Wolf from Bloomberg Law for the article, “3M Unit Bankruptcy Toss Is Second Blow to Mass Tort Defense Play.”

Doug explained that the courts’ dismissal of two recent cases in which companies attempted to use this tactic creates “hurdles that may be absent from the bankruptcy code.”

He continued, “I think the biggest application here is it will empower plaintiffs to push more aggressively outside of bankruptcy and leave tort defendants with fewer tools in their toolbox or less certainty that one of the tools will work.”

Read the article here.