Justin Winerman and Daniel Reynolds write about third-party releases in Reuters and Westlaw

Partner Justin Winerman and Associate Daniel Reynolds, both in BCLP's Finance Transactions practice, discussed the different approaches courts are taking to determine what constitutes consent for third-party releases in Chapter 11 plans after the 2024 Supreme Court ruling in Harrington v. Purdue Pharma in an article published in Reuters and Westlaw.

"In all cases, clear and conspicuous language explaining the releases being sought, the procedures for obtaining them, and the impact of consenting to them along with sufficient notice and due process are critical," Justin and Daniel wrote. "This is true regardless of whether such releases are sought to be obtained by an opt-in or opt-out mechanism."