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Over the past 20 years, companies with large mass tort liabilities have increasingly filed for Chapter 11 protection. For example, over 70 companies with significant asbestos, breast implant, or birth control device exposure have declared bankruptcy.
NERA experts have worked with companies that have elected bankruptcy reorganization and will be resolving pending and future mass tort liability claims under that structure. In connection with bankruptcy proceedings, we have provided assistance in the design of proof of claim forms and more detailed survey forms intended for a representative sample of claimants.
To forecast claims likely to be filed against bankruptcy trusts, NERA experts have developed claims forecasting models that often rely on epidemiological models or product failure rates, as well as behavioral economics. We have experience modeling both newly emerging torts (with limited data and uncertain filing patterns), as well as more mature torts (in which filing and settlement trends may be more stable). With respect to an established tort such as asbestos, our experience with estimation across many different industries and geographic areas allows us to monitor current trends in filing and settlement patterns and adjust our forecast assumptions accordingly (e.g., situations in which the litigation environment changed during the period in which filings against a particular defendant had been stayed).
NERA economists also help manage proof of claim data and provide analyses that range from simple summaries of the claim population to liability valuations under alternative Trust Distribution Plan structures. Our experts use these analyses to advise companies on the design of structured settlements, for example, by estimating the effect of alternative qualification criteria on claim rates and estimated liability. In connection with Fairness Hearings, we have provided expert testimony on the likely rate of opt-outs and the adequacy of the proposed funding to resolve pending and future claims.
Name | Title | Location | Phone | |
---|---|---|---|---|
Lucy P. Allen | Senior Managing Director | New York City | +1 212 345 5913 | lucy.allen@nera.com |
Dr. Vinita Juneja |
Senior Managing Director
Chair of NERA's White Collar, Investigations and Enforcement Practice |
New York City
London Toronto |
+1 212 345 3148
+44 20 7659 8618 +1 416 868 7314 |
vinita.juneja@nera.com |
Dr. Denise Neumann Martin | Senior Managing Director | Miami | +1 305 808 7880 | denise.martin@nera.com |
Dr. Faten Sabry |
Senior Managing Director
Chair of NERA's Global Securities and Finance Practice Bankruptcy Practice Chair |
New York City
London |
+1 212 345 3285
+44 20 7659 8618 |
faten.sabry@nera.com |
Dr. Stephanie Plancich | Managing Director | New York City | +1 212 345 7719 | stephanie.plancich@nera.com |
Mary Elizabeth C. Stern | Managing Director | White Plains, NY | +1 914 448 4054 | mary.elizabeth.stern@nera.com |
Drew Claxton | Director | New York City | +1 212 345 3442 | drew.claxton@nera.com |
Timothy McKenna | Director |
Los Angeles
New York City |
+1 213 346 3041
+1 212 345 3000 |
timothy.mckenna@nera.com |
Janeen McIntosh | Senior Consultant | New York City | +1 212 345 1375 | janeen.mcintosh@nera.com |
Title | Date | |||
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Asbestos Litigation Risks: How Recent Changes in Asbestos Landscape May Affect Your R... | 14 March 2019 | |||
2017 Women in Litigation Joint Conference | 15 November 2017 | |||
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Title | Date | Type | ||
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NERA Economic Consulting Announces Senior-Level Promotions | 28 July 2022 | Press Release | ||
NERA Experts Promoted to Managing Director and Director | 15 February 2022 | Press Release | ||
NERA Economic Consulting Announces Senior-Level Promotions | 23 February 2021 | Press Release | ||
NERA Economic Consulting Opens Office in Miami, Florida | 14 November 2017 | Press Release | ||
NERA Economic Consulting Recognized in Who’s Who Legal: Consulting Experts Guide | 06 October 2016 | Press Release | ||
NERA Releases Snapshot of Recent Trends in Asbestos Litigation | 16 June 2009 | Press Release | ||
Lucy P. Allen Named Chair of NERA's Mass Torts and Product Liability Group | 14 December 2007 | Press Release | ||
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