A Field Guide to Channeling Injunctions and Litigation Trusts

July 16, 2018

O’Melveny lawyers Gary Svirsky, Tanc Schiavoni, Andrew Sorkin, and Gerard Savaresse co-authored, “A Field Guide to Channeling Injunctions and Litigation Trusts,” published July 16, 2018, in the New York Law Journal.

The article explains the ins-and-outs of channeling injunctions and litigation trusts—powerful tools available in asbestos and mass-tort bankruptcies—from how they work to who can benefit from them to what factors debtors, tort claimants, and interested non-debtor companies might consider in weighing whether to use them.

“A court-approved channeling injunction can direct—or channel—tort claims to a litigation trust funded by participating parties. This device has been used in various mass-tort product liability cases, ranging from diet pills to portable gas canisters, delivering finality not just to debtors but to others in the product’s distribution chain,” the article states.

To download the full article, click here.