Emerging Litigation Podcast
Emerging Litigation Podcast
Tom Hagy
The Texas Two-Step: Testing Bankruptcy Law and Jury Rights with Adam Silverstein
26 minutes Posted Aug 16, 2026 at 2:00 am.
The Texas Two-Step Explained
Ring Fencing Liabilities Into Chapter 11
Talc Claims And The Jury Right
Why LTL Bankruptcy Got Dismissed
Prepack Voting Problems And Purdue Limits
Why North Carolina Cases Still Drag On
Why Plaintiffs Split On Support
Will Companies Try This Again?
Litigator Takeaways And Closing
0:00
26:39
Download MP3
Show notes
What happens when a company facing billions of dollars in mass tort claims is still financially healthy—but turns to bankruptcy anyway? In this episode, I’m joined by plaintiff lawyer Adam Silverstein of Otterbourg to talk about the Texas two-step, a restructuring strategy that can move mass tort liabilities into a separate subsidiary, put that entity into Chapter 11, and shift thousands of claims from jury trials into bankruptcy court. We use Johnson & Johnson’s talc litigation as a jump...