Critics: firm has a conflict; it represent two Dows in breast implant litigation

Article Abstract:

Plaintiffs' lawyers in the Dow Corning Chapter 11 case want the bankruptcy judge to disqualify Chicago firm Kirkland & Ellis because it both is Dow Corning's special counsel and represents parent company Dow Chemical. The two companies' interests have now diverged. Plaintiffs say they are raising the issue now because Kirkland & Ellis's work for Dow Corning has recently expanded. Kirkland & Ellis resists the effort, and was recently awarded $1.4 million in fees and expenses for 3 months of work in the case.

Management, Dow Chemical Co. (Midland, Michigan), Conflict of interests (Attorneys), Conflicts of interest (Lawyers), DOW, Kirkland and Ellis

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A 'nightmare' for Dow? Plaintiff's lawyers assert implant maker didn't fully assess bankruptcy move

Article Abstract:

Dow Corning's May 15, 1995 bankruptcy filing due to rising breast-implant claims could lead to nightmarish problems for the company, say experts in such proceedings. The move brings strict judicial oversight into an already complex process involving Dow Corning, parent companies Dow Chemical and Corning, other defendant companies, insurers, 65,000 injured claimants, another 410,000 registered potential claimants, and all their lawyers. Estimates of the settlement funds needed rise as high as $20 billion.

Product liability, Medical equipment, Products liability, Assignments for benefit of creditors

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Judge boots lawyers from implant panel; blasts 'squabbling' in Dow Corning bankruptcy case

Article Abstract:

US Bankruptcy Judge Arthur Spector on Mar 21 shocked attorneys by disbanding a committee representing women with breast implants, involved in Dow Corning Corp's Chapter 11 case. In what some experts call an unprecedented move, he held the Tort Claimants Committee improperly constituted as a matter of law, as it must be composed of creditors. He also criticized the slow pace of negotiations. Dow Corning is rumored to now be offering to settle claims for $188 million, roughly 10% of an earlier offer.

Breast implants, Debtor and creditor

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