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             Wednesday 18 september 2019
            Purdue Pharma to stay in business as bankruptcy unfolds




            By MICHAEL R. SISAK                                                                                                 up several times as Purdue
            Associated Press                                                                                                    lawyers declared that they
            WHITE  PLAINS,  N.Y.  (AP)  —                                                                                       wouldn't  benefit  from  any
            A  judge  cleared  the  way                                                                                         steps  taken  Tuesday  to
            Tuesday    for   OxyContin                                                                                          keep the company in busi-
            maker  Purdue  Pharma  to                                                                                           ness.
            stay in business while it pur-                                                                                      As the bankruptcy unfolds,
            sues bankruptcy protection                                                                                          Purdue will continue to pay
            and  settlement  of  more                                                                                           its  approximately  700  em-
            than  2,600  lawsuits  filed                                                                                        ployees  under  preexisting
            against  it  in  a  reckoning                                                                                       salary structures.
            over the opioid crisis.                                                                                             No  member  of  the  Sack-
            At  the  first  court  hearing                                                                                      ler  family  is  an  employee
            since  the  Chapter  11  filing                                                                                     and none will receive pay-
            late  Sunday,  Purdue  law-                                                                                         ments,  Purdue  lawyer  Eli
            yers secured permission for                                                                                         Vonnegut said.
            the  multibillion-dollar  com-                                                                                      Because  of  commitments
            pany  based  in  Stamford,                                                                                          Purdue  made  before  the
            Connecticut,  to  maintain                                                                                          bankruptcy filing, the com-
            business as usual — paying                                                                                          pany  will  pay  sign-on  bo-
            employees  and  vendors,                                                                                            nuses  to  five  employees
            supplying  pills  to  distribu-                                                                                     and  retention  bonuses  to
            tors,  and  keeping  current                                                                                        about 100 employees. The
            on taxes and insurance.                                                                                             company  agreed  to  hold
            The  continued  viability  of                                                                                       off on seeking to continue
            Purdue is a key component                                                                                           other bonus plans, such as
            of  the  company's  settle-                                                                                         incentive bonuses.
            ment offer, which could be                                                                                          Drain,  the  judge,  also  al-
            worth up to $12 billion over    In this April 2, 2018, file photo, a pharmacist in San Francisco poses for photos holding a bottle of   lowed  the  company  to
            time.                        OxyContin.                                                                             continue  covering  legal
            Under     the     proposal,                                                                        Associated Press   fees for current and former
            backed  by  about  half  the                                                                                        employees,  which  Von-
            states,  the  Sackler  family,  ties suing it.            as up to $1.5 billion more in  has  been  spending  more  negut  estimated  wouldn't
            which owns Purdue, would  The  Sacklers  have  also  proceeds from the planned  than $250 million a year on  exceed  $1.5  million  per
            turn the company, its assets  agreed to pay a minimum  sale of their non-U.S. phar-    legal and professional fees,  month.   The    company
            and more than $1 billion in  of  $3  billion  of  their  own  maceutical companies.    but it has not stopped law-  stopped  covering  legal
            cash reserves over to a trust  money  to  the  settlement  "This is a highly unusual case  suits  against  the  Sacklers  fees  for  members  of  the
            controlled by the very enti-  over  seven  years,  as  well  in  that  the  debtors  have  from moving forward.     family on March 1, he said.
                                                                      pledged  to  turn  over  their  New York Attorney General  "We  swear  up  and  down
                                                                      business  to  the  claimants,"  Letitia  James,  who  is  suing  that  no  payments  will  go
                                                                      U.S.   Bankruptcy   Judge  the  Sacklers  and  opposes  to  the  Sacklers,"  Vonnegut
                                                                      Robert  Drain  said.  "All  of  the  proposed  settlement,  said.
                                                                      the  claimants,  in  essence,  said  last  week  that  her  of-  Purdue   lawyers   argued
                                                                      have  the  same  interest  in  fice found that members of  that the sign-on and reten-
                                                                      maximizing the value of the  the  family  used  Swiss  and  tion  bonuses  were  vital  to
                                                                      business  and  avoiding  im-  other  accounts  to  transfer  attracting and keeping top
                                                                      mediate  and  irreparable  $1 billion to themselves.      talent in a tumultuous time
                                                                      harm."                       Purdue   lawyer   Marshall  for  the  company.  Cover-
                                                                      Joe Rice, a lawyer for some  Huebner  said  he  hoped  ing  employee  legal  fees  is
                                                                      of the plaintiffs, estimated it  states that are opposed to  important  to  morale  and
                                                                      could be more than a year  the  proposed  settlement  sends  a  strong  signal  that
                                                                      before the bankruptcy and  could  be  persuaded  to  the  company  backs  the
                                                                      settlement are finalized.    change their positions.      people who work for it, the
                                                                      "This  is  not  a  sprint.  We've  "It  is,  in  essence,  America  lawyers  said.  Bankruptcy
                                                                      got  a  little  bit  of  a  mara-  itself that stands to benefit  trustee  Paul  Schwartzberg
                                                                      thon here," he said after the  or lose from the success or  objected,  saying  the  bo-
                                                                      three-hour  hearing  in  New  failure of these reorganiza-  nuses  went  "way  beyond"
                                                                      York City's northern suburbs.  tion proceedings," Huebner  normal compensation and
                                                                      Purdue's  bankruptcy  filing  said.                       were padding the pockets
                                                                      has  effectively  frozen  all  None  of  the  Sacklers  at-  of employees who already
                                                                      litigation  against  the  com-  tended  the  hearing,  but  make  upward  of  $300,000
                                                                      pany, which its lawyers said  the family name did come  a year.q
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