Fraudulent Transfers: Cases, Trends and Updates in the 2019 Minefield
The fraudulent transfer law prevents a debtor from illegally transferring assets and properties to another person or entity with the intention of delaying, hindering and defrauding a creditor and leaving no value to their estates to satisfy the creditor’s claim. In recent years, as remarkable trends and developments in fraudulent transfer claims significantly change the fraudulent transfer landscape, risks and pitfalls associated to such claims become more complex. Thus, creating more challenges and difficulties to creditors.
In this LIVE Webcast, a panel of thought leaders and professionals brought together by The Knowledge Group will provide the audience with an in-depth analysis of the fundamentals as well as recent trends and case developments involving fraudulent transfer claims. Speakers will also provide practical tips and strategies to avoid risks and pitfalls.
Key topics include:
- Fraudulent Transfer Law: Overview
- Identifying Common Risks and Pitfalls
- Best Practices and Practical Tips
- Recent Court Rulings
- Significant Cases, Trends and Updates in 2018
- What Lies Ahead
- Merit v. FTI
- Discussion of Facts and Conclusion
- Open/New Legal Questions
- Practical Effect on Financial Transactions
- What about deposits to Bank Accounts?
- Are they even transfers at all?
- Extraterritorial Issues
- Transfer Pricing Issues
- Can US bankruptcy laws be applied outside US
- Valuation Issues
- How should Contingent Liabilities be valued for Fraudulent Conveyance purposes?
- Use of Market Evidence
- Avoiding Older Transactions
- Use of IRS as triggering creditor to avoid transactions over 6 years old
- Effect of age of transaction on solvency determination
- Other Issues to watch
- Continuing viability of Ponzi presumptions
- Transferring estate claims for prosecution
- Concluding Remarks
Who Should Attend:
- Banking and Financial Institution Auditors
- Banking and Financial Institution Executives
- Bank Regulation Lawyers
- Debtors and Creditors
- Bankruptcy Lawyers and Practitioners
- Fraud Analysts
- Fraud Executives at Banking and Financial Institutions
- Corporate Attorneys
Jaime d’Almeida is an expert affiliate in the Boston office and is a member of the firm’s Disputes and Investigations practice. His practice is focused on providing expert testimony in corporate finance matters, specializing in shareholder disputes, appraisal rights, business divorces, solvency analyses, preference and fraudulent conveyance actions, breaches of contract, merger and acquisition disputes, copyright and trademark disputes, and other commercial and economic damages analyses.Jaime has over 20 years of experience in economic and valuation analysis and consulting, and has provided both deposition and trial testimony on valuation and damages issues.
Jaime co-leads Duff & Phelps’ annual review of Delaware Court of Chancery opinions, and is an Adjunct Lecturer at both Boston University’s Questrom School of Business and Babson College’s F.W. Olin Graduate School of Business. He is a frequent speaker and author and his corporate finance expertise has been featured in publications such as Business Valuation Review, Valuation Strategies, Law360.com, ABI Journal, and the Value Examiner.
Jaime d’Almeida is an expert affiliate in the Boston office and is a member of the firm’s Disputes and Investigations practice. His …
Dr. Zhou is a Principal at The Brattle Group. He is an expert in valuation, corporate finance, and accounting with 20 years of consulting experience in industries such as consumer goods, energy, gaming, financial institutions, pharmaceutical / medical devices, and telecommunications. Dr. Zhou specializes in the application of financial economics, business strategies and organizations, management accounting, and taxation principles in a variety of consulting and litigation settings. He has supported testifying experts and led large engagement teams in many high-profile litigation cases on bankruptcy, international arbitration, securities, and transfer pricing. His practices primarily focus on the arm’s-length pricing of high-value intangible property, economic substance of complex transactions, solvency and fraudulent conveyance claims, and valuation of financial securities and businesses. Dr. Zhou holds a doctoral degree in international economics and finance from Brandeis University.
Dr. Zhou is a Principal at The Brattle Group. He is an expert in valuation, corporate finance, and accounting with …
Mr. McNeill focuses his practice on complex bankruptcy proceedings involving national and regional clients, including debtors, secured lenders, creditors’ committees and a variety of unsecured creditors. Steve has been involved in contesting and defending asset sales and plans of reorganization, assumption and rejection of leases and contracts, and other creditor issues including defense of preference litigation.
Steve recently published an article entitled “Avoiding the Unavoidable: A Practitioner’s Guide to Federal Governmental Creditor Fraudulent Conveyance Actions” in the Third issue of Volume 92 of The American Bankruptcy Law Journal, which addresses multiple issues surrounding a debtor in possession’s ability to utilize longer statutes of limitation periods available to the federal government to pursue fraudulent conveyance claims.
Steve earned his J.D. from Washington and Lee University School of Law and his B.S. from Auburn University at Montgomery.
Mr. McNeill focuses his practice on complex bankruptcy proceedings involving national and regional clients, including debtors, secured lenders, creditors’ committees …
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Method of Presentation:
General knowledge of Banking & Finance laws
NY Category of CLE Credit:
Areas of Professional Practice
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About Duff & Phelps
Duff & Phelps is the global advisor that protects, restores and maximizes value for clients in the areas of valuation, corporate finance, disputes and investigations, compliance and regulatory matters, and other governance-related issues. The firm’s nearly 2,500 professionals are located in over 70 offices in 20 countries around the world. For more information, visit www.duffandphelps.com.
About The Brattle Group
The Brattle Group has been retained by taxpayers and tax authorities worldwide to provide expert testimony and consulting services for the last 25 years. Our Principals and a broad network of academic and industry experts have testified and/or submitted expert reports in over one hundred tax matters, both in the U.S. and abroad. Our economic analyses and opinions are often cited extensively and favorably in landmark legal decisions.
Our work not only includes the standard transfer pricing questions like the proper application of the best method but also economic analyses of the industry, its value drivers (technology, marketing, manufacturing, etc.) and entry barriers, and system profits. We have been involved in some of the most high-profile litigation cases in the last decade. We have also worked behind the scenes in resolutions and presentations with appeals, competent authority, and audit.
About Potter Anderson & Corroon LLP
Potter Anderson & Corroon LLP — potteranderson.com — is one of the largest and most highly regarded Delaware law firms, providing specialized legal services to regional, national and international clients. With nearly 100 attorneys, the firm’s practice is centered on corporate law, corporate litigation, intellectual property, commercial litigation, restructuring/bankruptcy, healthcare, and labor and employment.