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Liability Detour: Litigating Against Bankruptcy as Strategy
Episode 167
Wednesday, 14 October, 2026
When thousands of people sue a company over a harmful product, the company may create a new entity, load it with that liability, and file for bankruptcy, pausing the lawsuits and taking them away from juries. Adam Silverstein, a partner at a midsize New York firm, represents plaintiffs’ lawyers trying to get these cases thrown out of bankruptcy court. In this episode, Adam explains how he learned a new area of law after Johnson & Johnson’s first talc bankruptcy filing and what the early weeks demanded, from emergency hearings without depositions to forensic work tracing the company’s path to North Carolina. He also discusses why circuit law shapes venue fights, coordinating with co-counsel, and working opposite former allies. Adam is a graduate of the University of Pennsylvania Carey Law School.This episode is hosted by Katya Valasek.Mentioned in this episode:Access LawHub today!













