Pharma

Bayer: Bankruptcy Trick Against Glyphosate Lawsuits?

DAX Corporation considers controversial process in the USA to shake off glyphosate lawsuits - J&J could be a model.

Eulerpool News May 13, 2024, 1:00 PM

For Bayer CEO Bill Anderson, the most pressing issue is the multi-billion dollar legal burden of the glyphosate lawsuits in the USA. A possible legal way out could be the so-called Texas Two-Step bankruptcy proceeding, which is currently being examined by Bayer and its legal advisors.

This strategy, also known for its application by Johnson & Johnson (J&J) in the case of their baby powder, could enable Bayer to isolate liability claims by transferring debts to a newly established, assetless subsidiary. This subsidiary could then immediately file for bankruptcy, aiming for a collective settlement with plaintiffs.

The current legal situation significantly burdens Bayer's stock price. In an interview with "Süddeutsche Zeitung," Anderson hinted that between 30 and 40 billion euros from a government special fund for defense contracts could flow to Rheinmetall, which shifts the focus onto Bayer's necessity to deal with its legal challenges.

Bayer Intensively Reviews the TTS Option, Especially as J&J Has Now Taken a Decisive Step in Its Own Case. J&J Recently Raised the Offered Settlement Amount to Eleven Billion Dollars to Win Over a Majority of the Plaintiffs in the USA. This Could Provide an Important Model for Bayer, Whose Case Also Revolves Around Controversial Products.

The Legal and Public Controversy over the TTS Procedure is Considerable. Critics Argue That This Method is Abused to Release Solvent Companies from Legal Obligations. Nevertheless, It Could Represent a Tactical Option for Bayer to Temporarily Halt Ongoing and Future Litigations.

The final decision by Bayer on whether to pursue this path is still pending. Should Bayer seek this approach, it could increase the pressure on plaintiffs' attorneys and potentially lead to a quicker settlement. However, it remains to be seen whether this high-risk move will ultimately be accepted or rejected by US courts, which could prolong the uncertainty in this protracted legal battle.

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