The Endo General Unsecured Creditor Trust alleges that McKinsey aided and abetted Endo’s directors and officers in breaching their fiduciary duties through the marketing and sale of opioids, and is seeking to claw back certain payments for consulting services as constructively fraudulent.

In his 110-page decision, Judge David S. Jones dismissed the claim seeking indemnity for $1.2 billion that Endo paid to settle opioid claims, as well as claims for aiding and abetting fiduciary breaches and constructive fraudulent transfer, leaving only narrow indemnity claims for further adjudication. The decision substantially reduces the scope of the litigation.

The Glenn Agre team includes Andrew K. Glenn, Jed I. Bergman, Olga L. Fuentes-Skinner, Marissa E. Miller, Rich Ramirez, Samantha Bennett, Maggie Lovric, and Esther Hong.

Please find the opinion here: https://www.nysb.uscourts.gov/sites/default/files/opinions/325199_35_opinion.pdf