Brian Davidoff, chair of the Bankruptcy, Reorganization & Capital Recovery Group, shared his insights with Law360 regarding third-party releases in bankruptcy cases.

Excerpts:

A more permissible approach to third-party releases can affect where debtors choose to file, according to an amicus curiae brief submitted Sept. 27 in the Purdue Pharma case now before the U.S. Supreme Court. The brief, co-authored by Brian L. Davidoff of Greenberg Glusker Fields Claman & Machtinger LLP, beseeches the Supreme Court to rule on nonconsensual third-party releases in a way that "does not further exacerbate the deleterious effects of venue shopping in bankruptcy cases."

"Judge Kaplan's decision not to dismiss the LTL case might have been useful to [Rite Aid] in considering where to file," said Davidoff, who chairs Greenberg Glusker's bankruptcy, reorganization and capital recovery group.

Resources

• Law360