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Comprehensive Media Plan – the Babcock & Wilcox Example                                                                   Notice for Unmanifested Claims – the Energy Future Holdings Corp. Example

            At the height of the mounting asbestos-related       resided. Notice exposure through earned media,                       Recently, debtors for In re: Energy Future Holdings   The publication notice also directed readers to the
            bankruptcy cases in the early 2000s, In re Babcock   which involved a public service announcement                         Corp.  took a new approach to handling ongoing       Asbestos Bar Date website to view a list of power
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            & Wilcox was an example of a multi-million dollar    program, a managed news article campaign                             asbestos liability with the decision to expand       plants at which potential asbestos claimants,
            notice plan to notify creditors of the company’s     and an internet banner effort further enhanced                       the bar date notice beyond potential asbestos        including a family member, may have been
            bankruptcy. The initial Babcock & Wilcox plan was    exposure.                                                            claimants with manifested injuries, and include      exposed to asbestos in the past. This simplified the
            only targeted to potential asbestos claimants who                                                                         those with unmanifested injuries. As one of the      process by which such asbestos claimants with
            had already manifested an injury. Future claims      The Notice Plan reached more than 94 percent                         first settlements of its kind, a unique notice plan   unmanifested asbestos claims may self-identify.
            where asbestos injury had not yet manifested were    of the core claimant demographic in the United                       was developed to ensure those with unmanifested
            not barred. Still, the Babcock & Wilcox notice effort   States, on average more than five times each.                     asbestos claims were specifically targeted in        The comprehensive notice effort included
            is a good example of what an asbestos liability      The reach and frequency levels achieved by the                       addition to other potential asbestos claimants. One   individual notice and a media campaign with
            media effort can look like.                          Babcock & Wilcox notice plan far surpassed those                     particular focus was an extensive analysis of the    a publication notice that was published in a
                                                                 achieved in typical bankruptcy bar date notice                       debtors’ plant locations in order to identify local   variety of print media with national and local
            Prior to commencing bankruptcy, a large number       programs where tort claims were not involved,                        newspapers and properly geo-target media to          circulation throughout the United States. The
            of claimants had already asserted claims against     and also surpassed most nationwide class action                      maximize the effectiveness of the notice effort.     notice campaign was designed to specifically
            the company, which made direct notice a viable       notice efforts. This type of high reach media plan                                                                        target men’s publications and magazines, aimed
            option for known claimants (where addresses          has become the norm in asbestos bankruptcy                           In addition to determining the best method           at older demographic segments to reflect the
            were reasonably available) and their attorneys       notice efforts.                                                      of notice to notify potential claimants, there       target audiences. The plan as implemented
            known. The legal notice campaign was extensive                                                                            was a concerted effort to draft a publication        provided notice via the largest circulated national
            and encompassed a comprehensive schedule             In approving the notice plan, the court specifically                 notice with clear, plain language to specifically    newspaper supplement, inserted in hundreds of
            of paid notices which appeared on national           observed the effectiveness and high reach                            target holders of unmanifested asbestos claims.      newspapers nationwide, six national consumer
            television, in well-read national magazines, and in   provided by the Notice Plan, as well as the                         Since the publication notice targeted workers,       publications, three of the largest national
            more than 900 Sunday newspapers in large cities      average frequency of notice exposure, which                          contractors and related family members who may       newspapers, 223 local newspapers across various
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            and small towns in every market of every state       it held satisfied due process.  Additionally, the                    have worked at a plant decades ago, the headline     states surrounding relevant power plants and
            in the United States. In addition, notices were      notice which ran in various print publications was                   broadly addressed: Power Plant Employees and         other facilities related to the Debtors or their
            placed in newspapers in a handful of countries       drafted with plain language best practices and                       Contractors - if you or a family member ever         predecessors, 43 Spanish newspapers and eleven
            outside the United States where claimants likely     appeared as full-page ad unit sizes or equivalent.                   worked at a power plant, you could have been         union labor publications.
                                                                                                                                      exposed to asbestos. The large, bold headline
                                                                                                                                      of the publication notice also stated, “To keep      Beyond the publication notice, an internet banner
                                                                                                                                      your right to compensation if you become ill         notice was displayed on five web properties that
            The Notice Plan reached more than 94 percent of the core                                                                  in the future (or have asbestos-related illness      either focused on the target audience or broad-
            claimant demographic in the United States, on average more                                                                today), you must submit a claim by December 14,      reaching national ad networks and websites,
            than five times each.                                                                                                     2015, at 5:00 p.m., prevailing Eastern Time.” The    including the largest social media platform in
                                                                                                                                      publication notice specifically indicated that “[a]  the United States, which combined, generated
                                                                                                                                      sbestos-related illness can occur decades and        approximately 539 million impressions. A national
                                                                                                                                      even 50 years after the exposure to asbestos that    informational release was issued to approximately
                                                                                                                                      caused the illness,” and that “[e]ven if you have    4,200 print and broadcast and 5,500 online press
                                                                                                                                      not been diagnosed with disease or experienced       outlets throughout the United States. Sponsored
                                                                                                                                      symptoms, you must make a claim to preserve          search listings were also acquired on the three
                                                                                                                                      your right to compensation if you develop an         most highly-visited internet search engines:
                                                                                                                                      asbestos-related illness in the future.”             Google, Yahoo! and Bing, to facilitate locating the













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