Safe Harbors Post-Merit Management Decision: What You Need to Know and Do
The 2018 Supreme Court (SC) decision in Merit Management had created a significant impact on the legal application of safe harbor protection in challenging alleged fraudulent securities transactions. The decision emphasized that section 546(e) does not protect transfers in which financial institutions served as mere conduits. However, the SC’s decision also left open several ambiguities that remain unresolved in the post-Merit Management landscape.
As it continues to impact and influence current related cases, plaintiffs, defendants, and counsel must understand its ramifications and underlying risks to better implement practical steps protecting their company.
In this LIVE Webcast, seasoned bankruptcy lawyers Matthew Gold (Kleinberg Kaplan) and Mark Parry (Moses & Singer LLP) will provide an in-depth analysis of the recent updates and critical issues in light of the Merit Management decision. Speakers will discuss succeeding bankruptcy litigations and the decision’s effects on such cases. They will also identify key strategies to help avoid common risks and pitfalls when future fraudulent transfer litigation occurs.
Some of the major topics that will be covered in this course are:
- Post-Merit Management and Safe Harbors – Trends and Updates
- §546(e) “Safe Harbors” Provision Post-Merit Management
- Unresolved Issues and Legal Considerations
- Significant Implications on Current Related Court Cases
- Best Practices
Kleinberg, Kaplan, Wolff & Cohen, P.C.
Moses & Singer LLP
Who Should Attend:
- Financial Reporting Officers
- Bankruptcy Lawyers
- M&A Lawyers
- Asset Management Officers
- Compliance Managers
- In-house Counsel
- Top-Level Executives
Matthew Gold has extensive experience representing secured and unsecured creditors, creditors’ committees, debtors, landlords, trustees and acquirers of assets in chapter 11 reorganizations, chapter 7 liquidations, voluntary and involuntary cases, SIPA proceedings, and out-of-court workouts and restructurings. Matt has prosecuted and defended preference and fraudulent conveyance actions, negotiated and confirmed plans of reorganization and disclosure statements, drafted and negotiated asset sales, and given non-consolidation opinions. He also works closely with the members of the Bank Debt and Claims Trading group, advising on any bankruptcy-related issues. Matt has practiced before courts in New York and around the country.
Matt received his J.D. from the University of Pennsylvania Law School and B.A. from Yale University.
Matthew Gold has extensive experience representing secured and unsecured creditors, creditors’ committees, debtors, landlords, trustees and acquirers of assets in …
Mark N. Parry is Chair of Moses & Singer's Dispute Resolution Practice Group and a partner in the Business Reorganization, Bankruptcy and Creditors' Rights practice group.
Mark has over thirty years of experience in bankruptcy, insolvency and creditors' rights matters. He has represented numerous clients before various United States District Courts and Bankruptcy Courts in connection with proceedings under both Chapter 7 and Chapter 11 of the Bankruptcy Code. His experience includes the representation of secured and unsecured creditors, holders of public debt, indenture trustees and official committees of unsecured creditors. Mark also has substantial experience in Chapter 15 proceedings and cross-border insolvency proceedings.
Mark has participated in a wide variety of litigation in federal and state courts involving fraudulent conveyance actions, breaches of fiduciary duty, secured and unsecured financings, letters of credit, foreclosures and the enforcement of guaranties. He has successfully represented both plaintiffs and defendants in litigation arising from failed leveraged buyouts. Mark has substantial experience in inter-creditor disputes and the laws governing in fiduciary duties of directors of insolvent corporations. He also has significant experience with regard to the duties of corporate directors under Delaware law. Mark has actively represented defendants in litigation arising from the Madoff ponzi scheme, including direct investors in BLMIS and indirect investors in feeder funds, such as Fairfield Sentry Limited.
Mark has been appointed to the Mediation Panel of the United States Bankruptcy Courts for the Southern District of New York and the District of Delaware. While serving as the mediator, Mark has successfully resolved numerous disputes.
He is recognized as an AV® Preeminent™ Rated lawyer and one of New York's Top Rated Lawyers by Martindale-Hubbell.
Mark N. Parry is Chair of Moses & Singer's Dispute Resolution Practice Group and a partner in the Business Reorganization, …
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Method of Presentation:
On-demand Webcast (CLE)
General knowledge in bankruptcy law
NY Category of CLE Credit:
Areas of Professional Practice
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About Kleinberg, Kaplan, Wolff & Cohen, P.C.
Kleinberg Kaplan is a premier, award-winning, boutique law firm that provides practical, business-minded legal counsel to investors, entrepreneurs and other industry leaders. With a national and international reputation for representation of private funds, the firm serves an impressive roster of clients, including investment funds and emerging companies at all stages of their life cycles, as well as a wide variety of real estate developers, family offices and high-net-worth individuals. Kleinberg Kaplan provides a full-service platform that combines extensive Big Law experience with the personalized attention of a boutique firm, true teamwork and an entrepreneurial culture attuned to investments, building businesses and transforming ideas into successful companies. To learn more please visit www.kkwc.com.
About Moses & Singer LLP
Since 1919, Moses & Singer LLP has represented diverse businesses and successful individuals and their families. Among the firm’s broad array of U.S. and international clients are leaders in banking and finance, entertainment, media, real estate, healthcare, advertising, and the hotel and hospitality industries. Moses & Singer attorneys advise clients on complex transactions that involve international trade, financing, securities, mergers and acquisitions, intellectual property, fiduciary and tax issues. They are advocates in commercial, real estate and intellectual property litigation, white-collar criminal cases, family disputes and business reorganizations and bankruptcies.
Individuals and their families look to Moses & Singer for sophisticated and effective legal services in the areas of estate planning, wealth preservation, income tax, matrimonial and family law. Lawyers in these practice areas have particular experience in asset protection planning, estate administration, business succession planning, and probate matters. Furthermore, Moses & Singer lawyers have extensive knowledge in the areas of marital agreements and matrimonial litigation as well as child custody matters involving The Hague Convention.