Fraudulent Transfer Claw-Back Litigation in Light of Recent Bankruptcy Cases
Recent cases, which analyze creditors’ rights to bring state law fraudulent transfer claims in the event such claims were not brought by bankruptcy estate representative, have critically tested the bounds of fraudulent transfer litigation. In Tribune, the Second Circuit Court of Appeals denied the creditors attempt to claw back $8.3 billion received by the stockholders prior to the company’s buyout.
In this LIVE Webcast, a panel of distinguished professionals and thought leaders organized by The Knowledge Group will help the audience understand the fundamental aspects of Fraudulent Transfer Claw-Back Litigation. They will provide an in-depth discussion of this significant topic in light of recent bankruptcy cases. Speakers will also offer expert insights on bankruptcy safe harbor provisions’ applicability to fraudulent transfer claims.
Key topics include:
- Fraudulent Transfer Claw-Back Litigation – Overview
- Notable Bankruptcy Cases:
- FTI Consulting
- Contrasting Approaches in Appellate Decisions
- Applicability of Bankruptcy Safe Harbor Provisions
- Outlook on Fraudulent Transfer Claw-Back Litigation
Gregg M. Mashberg , Partner
Proskauer Rose LLP
Trey A. Monsour, Partner
K&L Gates LLP
- Supreme Court Docket
- Deutsch Bank Trust Co. v. McCormick (In re Tribune Co. Fraudulent Conveyance Litigation)
- Whyte v. Barclays Bank PLC
- Merit Management Group, LP v. FTI Consulting Inc.
- Overarching Issue Presented to the Court: Balancing Interests
- Balance Between Bankruptcy Laws and State Constructive Fraudulent Conveyance Laws
- Balance Between the Interests of Creditors and Protecting the Securities Marketplace
- Impact of Bankruptcy on Avoidance Claims
- Balancing Interests: Bankruptcy Code and State Law Avoidance Claims
- Balancing Interests: Application of Preemption Doctrine
- Balancing Interests: Statutory Interpretation
- Balancing Interests: Bankruptcy Estates v. Securities Marketplace
- Balancing Interests: Conduit Issue
Who Should Attend:
- Bankruptcy Attorneys
- Finance Executives
- Loan and Credit Personnel
- Officers involved in Collection Process
- Financial Reporting Officers
- And other interested/related professionals
Gregg Mashberg is co-head of Proskauer’s Securities Litigation Group and a former chair of the Litigation Department. He has a broad-based practice and experience before numerous judicial and administrative forums.
Gregg has a particular focus on securities litigation, defending public companies and their directors and officers in class actions, SEC investigations and enforcement actions. Gregg also has broad experience in defending directors and officers in shareholder derivative and class actions arising from mergers and acquisitions and direct breach of fiduciary duty suits under state law. As part of his securities litigation practice, Gregg is outside litigation counsel for The Depository Trust & Clearing Corporation and its subsidiaries, the nation's principal securities settlement and depository institutions. He has litigated in trial and appellate courts around the country, successfully defending against claims challenging the securities clearing and settlement system.
Gregg Mashberg is co-head of Proskauer’s Securities Litigation Group and a former chair of the Litigation Department. He has a broad-based …
Trey Monsour is a partner at the law firm of K&L Gates LLP in their Houston and Dallas, Texas offices. He is a member of the Restructuring & Insolvency and Energy Infrastructure Resources practice groups at the firm. Mr. Monsour has represented every major constituency both in complex business bankruptcy cases and in out of court workouts. Since the downturn in the energy market in 2016, Mr. Monsour was appointed to serve as a mediator to resolve a multimillion dollar dispute between a producer and its lenders.
Trey Monsour is a partner at the law firm of K&L Gates LLP in their Houston and Dallas, Texas offices. …
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Method of Presentation:
Knowledge in Bankruptcy
NASBA Field of Study:
Business Law - Technical
NY Category of CLE Credit:
Areas of Professional Practice
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About Proskauer Rose LLP
Proskauer is a leading international law firm focused on creating value. Our roots go back to 1875, when we were founded in New York City. With 700+ lawyers active in virtually every major market worldwide, we are recognized not only for our legal excellence, but also our dedication to client service. Our clients include many of the world’s top companies, financial institutions, investment funds, not-for-profit institutions, governmental entities and other organizations across industries and borders. We also represent individuals in transactions and other matters. In addition to New York, we have offices in Beijing, Boston, Chicago, Hong Kong, London, Los Angeles, Paris, São Paulo and Washington, D.C., as well as Boca Raton, Newark and New Orleans.
About K&L Gates LLP
K&L Gates represents leading global corporations, growth and middle-market companies, capital markets participants, and entrepreneurs in every major industry group as well as public sector entities, educational institutions, philanthropic organizations, and individuals. Our practice is a robust full market practice—cutting edge, complex, and dynamic, at once regional, national, and international in scope. We operate at the critical crossroads of the 21st century, providing experienced legal counsel at the intersection of globalization, regulation, and innovation. With a footprint spanning five continents, our fully integrated firm possesses one of the most transparent business models in the legal industry and adds value by approaching client relationships with a one firm, one team philosophy. The deep latticework of relationships across our offices and practices enables our clients to respond to diverse legal issues and risks through the services of one law firm, with one communication.