Brattle Provides Financial Advisory Support in Mediation Involving Billions in Asserted Federal Claims

The US Attorney’s Office for the Southern District of New York, representing three separate sets of government claimants, retained Brattle as financial advisor in connection with the government’s claims against Endo International plc and its affiliates involving billions of dollars. The government asserted claims for, among other things, criminal and civil liability relating to the marketing and sale of opioid products, tax liabilities, and false claims relating to healthcare and health insurance.

Endo, which filed for bankruptcy protection on August 16, 2022, and the government participated in a court-supervised mediation to resolve the government’s claims. Brattle assisted the SDNY with its negotiations in the mediation, analyzing Endo’s financial condition and business projections, evaluating economic proposals from Endo and its key stakeholders, and structuring the financial terms of potential settlement payments. With Brattle’s assistance, the government and Endo entered into a settlement agreement resolving the government’s claims through a combination of current and contingent payments to be implemented through Endo’s bankruptcy plan of reorganization.