Skip to main content

%1

Purdue Pharma’s Legal Fees Mount Amid Calls for Probe Into Drugmaker

Submitted by ckanon@abi.org on
OxyContin maker Purdue Pharma LP has racked up $277 million in professional fees in the first nine months of its bankruptcy — four times as much as it spent on research and development, The Wall Street Journal reported. The professional fees that the company incurred between September 2019 and the end of June include $134 million paid to court-approved bankruptcy lawyers and advisers, such as mediators who have collected $4 million for their efforts to break an impasse holding up a settlement over how much Purdue should pay for its alleged role in the epidemic of opioid addiction. So far, those efforts haven’t paid off. Dozens of states and other authorities spurned a settlement offer at the start of the company’s bankruptcy; none has had a change of heart. The settlement offer remains unchanged. Purdue Pharma filed for bankruptcy to resolve liability for its role in driving the epidemic of addiction. The Sackler family, which owns the company and has been sued along with Purdue, denies wrongdoing but has offered $3 billion and other concessions to settle with opioid victims as part of the company’s bankruptcy. Bankruptcy froze litigation against the company and the Sacklers, including the discovery proceedings that would allow people to dig into the company’s records to ascertain who made decisions that flooded communities with opioids. Lawsuits continue against other drugmakers and distributors, which are keeping an eye on Purdue’s bankruptcy. Leading law professors have called on federal bankruptcy watchdogs to back an independent probe of Purdue Pharma so that victims of the opioid crisis can learn the extent of the Sacklers’ involvement before deciding whether to vote for or against grants of legal immunity for them.

Analysis: Experts Foresee A Tidal Wave of Bankruptcies Coming

Submitted by jhartgen@abi.org on

While companies large and small are already succumbing to the economic effects of the coronavirus, experts say the wave of bankruptcies is going to get bigger, the New York Times reported. Edward I. Altman, the creator of the Z score, a widely used method of predicting business failures, estimated that this year will easily set a record for so-called mega bankruptcies — filings by companies with $1 billion or more in debt. And he expects the number of merely large bankruptcies — at least $100 million — to challenge the record set the year after the 2008 economic crisis. Even a meaningful rebound in economic activity over the coming months won’t stop it, Altman said. More than 6,800 companies filed for chapter 11 bankruptcy protection last year, and this year will almost certainly have more. The flood of petitions from the worst economic downturn since the Great Depression could swamp the system, making it harder to save the companies that can be rescued, bankruptcy experts said. Without reform in the system, “we anticipate that a significant fraction of viable small businesses will be forced to liquidate, causing high and irreversible economic losses,” a group of academics said in a letter to Congress in May. Robert J. Keach, co-chair of ABI's Chapter 11 Reform Commission, said that many companies had so far managed to put off bankruptcy by amassing cash and conserving it as best they can: drawing down existing credit lines, furloughing workers, delaying projects and taking advantage of federal and state pandemic-relief programs. But when those programs expire, the companies will start burning through their cash. That’s when bankruptcy filings are likely to soar and stay elevated, Keach said. Expect “a Covid-19 cliff” in the next 30 to 60 days, he said.