Professor Josh Silverstein’s work was recently cited by Supreme Court Justice Brett Kavanaugh in his dissenting opinion in the Purdue Pharma bankruptcy case, “Harrington, United States Trustee, Region 2 v. Purdue Pharma, L.P.”Justice Kavanaugh, joined by Chief Justice Roberts, Justice Kagan, and Justice Sotamayor, cited Professor Silverstein’s article “Hiding in Plain View: A Neglected Supreme Court Decision Resolves the Debate Over Non-Debtor Releases in Chapter 11 Organizations” (2006).
In a more recent article, published in October of 2023, Professor Silverstein shared his revised perspective on non-debtor releases.
