(2) the “Litigation Trust D & O Claims”, which is defined to include any and all causes of action against Defendant Zucearello, who is specifically named as a potential defendant. See Plan (case no. 11-11252, dkt. #533, pp. 105-108). For good measure, Exhibit A to the Plan also defines “Italian Former Employee Defendants” as specifically including Defendant Zucearello by name, and Litigation Trust D & O Claims includes all claims and cause of action against such Italian Former Employee Defendants. See Plan (case no. 11-11252, dkt. # 533, pp. 52, 53). For a plan and disclosure statement to sufficiently retain and transfer rights to a liquidation trustee under § 1123(b)(3), a reservation does not need to specifically itemize each and every claim. See Tex. Wyo. Drilling, 647 F.3d at 552 (<HOLDING>). Here, the confirmed Think3 Plan (in multiple
holding that an ex post facto claim may be presented for the first time on appeal because a categorical prohibition may not be waived holding that where both liability and damages depend on individual factual determinations claims may only be determined on individual basis holding individual employees may be liable under title vii holding that individual rights under the flsa may not be waived through agreement recognizing that a plans categorical reservation of preference claims was suf ficiently specific and need not itemize individual transfers that may be preferential