Significant Issues for Fraudulent Transfer Actions
Overview:This course presents an overview and comprehensive discussion of various significant issues concerning fraudulent transfer actions. Our panel of key thought leaders and practitioners will offer a refresher on fraudulent transfer basics and an in-depth analysis of the latest developments and cases.
This two-hour LIVE webinar will address the key following topics:
- Fraudulent Transfer Actions: an Overview
- Risks to Executives, Shareholders, Lenders, Asset Acquirers and Other Parties
- A Survey of Recent Fraudulent Transfer Cases
- Impact of Fraudulent Transfer Actions
- Best Practices
- Introduction of speakers and topics to be covered – Brian (5 minutes)
- History of fraudulent transfer law and current statutory scheme – Bob (10 minutes)
- LBO as fraudulent transfer (Tribune, Lyondell, etc.) – Jeff (10 minutes)
- Valuation issues in Tribune and some other cases – Mark (15 minutes)
- TOUSA – George and Loretta (20 minutes)
- Tronox – Brian and Loretta (20 minutes)
- 546(e) defense – Jeff (15 minutes)
- Risks to executives (this would cover (a) breach of fiduciary duty claims based upon an underlying fraudulent transfer and (b) 548(a)(1)(B)(ii)(IV)) – Bob (5 minutes)
- Jurisdictional Issues/Stern v. Marshall – Bob (10 minutes)
- Q&A (10 minutes)
Who Should Attend:
- Bankruptcy Attorneys
- Finance Executives
- Loan and Credit Personnel
- Officers involved in Collection Process
- And other interested/related professionals
- Banking and Financial Services Executives
Brian Resnick is a partner in Davis Polk’s Insolvency and Restructuring Group. He has substantial experience in a broad range of corporate restructurings and bankruptcies, representing debtors, creditors, banks, hedge funds, asset acquirers and other strategic parties in connection with pre-packaged and traditional bankruptcies, out-of-court workouts, DIP and exit financings, bankruptcy litigation and Section 363 sales. Resnick is regularly recognized as an up and coming leader in the restructuring field, including by Chambers USA, IFLR 1000, Turnarounds & Workouts and Law360. Resnick’s promotion to partner in July 2011 led to a profile in The Wall Street Journal’s “Bankruptcy Beat” blog, which chronicled Resnick’s transition from Juilliard-trained professional musician to partner in one of the world’s top insolvency and restructuring practices.
Brian Resnick is a partner in Davis Polk’s Insolvency and Restructuring Group. He has substantial experience in a broad range …
Robert J. Stearn Jr. focuses his practice on bankruptcy litigation, including preference and fraudulent transfer litigation, as well as all types of contested matters. Bob has successfully represented large corporate debtors as well as defendants in adversary proceedings and contested matters. He has been recognized for excellence in Chambers USA and Benchmark Litigation.
Robert J. Stearn Jr. focuses his practice on bankruptcy litigation, including preference and fraudulent transfer litigation, as well as all …
Mr. Buschmann is a Senior Managing Director in the Restructuring & Reorganization Advisory Group.
Since joining Blackstone in 2001, Mr. Buschmann has assisted in advising on a variety of restructuring transactions, including:
- Nybron Flooring International
- Patriot Coal
- Philadelphia Newspapers
- Pinnacle Airlines
- Russell-Stanley Holdings
- San Francisco Asian Art Museum
- Six Flags
- Taro Pharmaceuticals
- Tribune Company
- Twin River Casino
- Williams Communications
- Angiotech Pharmaceuticals
- Cable & Wireless America
- Delta Air Lines
- EME Homer City
- IAP Worldwide Services
- Levitz Furniture
- Los Angeles Dodgers
- Mattress Discounters
Before joining Blackstone, Mr. Buschmann worked in the Financial Institutions Group of Salomon Smith Barney, where he executed various mergers and acquisitions and financing assignments. Mr. Buschmann received a BA in Economics and German Literature from Dartmouth College and an MBA with a concentration in Finance from The Kellogg School of Management at Northwestern University. Mr. Buschmann is a member of the New York City Bar Association Bankruptcy Committee.
Mr. Buschmann is a Senior Managing Director in the Restructuring & Reorganization Advisory Group. Since joining Blackstone in 2001, Mr. …
Loretta R. Cross is a Managing Director in the Dispute Advisory and Forensic Services Group and the leader of the firm's Energy Practice. She has more than 30 years of experience in strategic, operational, financial and litigation consulting. She is a recognized expert in the energy field providing services to companies from the well head to the light switch. She has been a key business advisor to parties in some of the nation's largest bankruptcies and restructurings and has provided expert testimony on a variety of issues ranging from accounting practices to valuation issues.
Ms. Cross has expertise with exploration and production, oilfield service, power generation, and pipeline companies. Her previous clients range from small privately held companies to large international enterprises. Her specialties include debt restructuring, business valuation, financial forecasting, forensic analysis, regulatory compliance, litigation support, commercial litigation, damage calculation, litigation consulting, and bankruptcy, among others. She has served as a Chapter 11 Trustee and Chapter 7 Trustee.
Loretta R. Cross is a Managing Director in the Dispute Advisory and Forensic Services Group and the leader of the …
Jeffrey A. Liesemer is a Member in Caplin & Drysdale's Washington, D.C., office. His practice focuses on complex civil and commercial litigation, with an emphasis in bankruptcy and creditors' rights cases, including fraudulent transfer and other claw-back actions. Mr. Liesemer represents clients at the trial and appellate levels of both state and federal courts. Since joining Caplin & Drysdale in 2005, he continues to focus on complex chapter 11 cases, with a majority of his time devoted to representing asbestos creditors' committees in mass-tort bankruptcies. He has been involved in a number of notable bankruptcy cases throughout the country. He is listed in Best Lawyers in America, and recognized as a "future star" by Benchmark Litigation. Mr. Liesemer writes and lectures on numerous topics relating to civil litigation and bankruptcy law.
Jeffrey A. Liesemer is a Member in Caplin & Drysdale's Washington, D.C., office. His practice focuses on complex civil and commercial litigation, with …
George W. Shuster, Jr. is a partner in the Bankruptcy & Financial Restructuring Group and the Debt Finance Group at WilmerHale, working from the firm’s Boston and New York offices. Mr. Shuster’s practice spans a range of debt finance, restructuring, and bankruptcy-related litigation matters. On the transactional side of his practice, he has experience structuring deals to mitigate counterparty bankruptcy and insolvency risk, including fraudulent transfer risk. On the litigation side of his practice, he has defended fraudulent transfer suits related to pre-bankruptcy asset sales, financing arrangements, and other transactions. Mr. Shuster also has particular experience at the intersection of bankruptcy & intellectual property law (including in respect of patent sale and licensing transactions addressing bankruptcy risk and in the bankruptcy context), with respect to bankruptcy implications of securities transactions and market participants, and on cross-border bankruptcy matters. Mr. Shuster graduated from Columbia College, summa cum laude, and from the University of Virginia School of Law. He has spent his entire 14-year legal career at Wilmer Hale, whose Bankruptcy & Financial Restructuring Group is comprised of 30 lawyers across its Boston, New York, and Washington offices.
George W. Shuster, Jr. is a partner in the Bankruptcy & Financial Restructuring Group and the Debt Finance Group at …
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Method of Presentation:
On-demand Webcast (CLE)
NASBA Field of Study:
Specialized Knowledge and Applications
NY Category of CLE credit:
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Richards, Layton & Finger, PA
About Davis Polk & Wardwell LLP
Davis Polk & Wardwell LLP is a global law firm with 10 offices across the world's key financial centers. For over 160 years, its lawyers have advised industry-leading companies and global financial institutions on their most challenging legal and business matters. Davis Polk ranks among the world's preeminent law firms across the entire range of its practice.
About Richards, Layton & Finger, PA
Richards, Layton & Finger, Delaware’s largest law firm, provides counsel on sophisticated transactions involving Delaware entities, and the firm’s attorneys are key players in the Delaware courts in cases involving corporate law and governance, mergers and acquisitions, alternative entities, bankruptcy, fiduciary relations, commercial and other general civil matters. The firm’s bankruptcy team is one of the largest and most active in the state, and respected bankruptcy firms throughout the country rely on Richards Layton to serve as co-counsel in many of the most significant, complex bankruptcy cases filed in Delaware.
About The Blackstone Group
Blackstone (NYSE:BX) is one of the world’s leading investment and advisory firms. We seek to create positive economic impact and long-term value for our investors, the companies we invest in, the companies we advise and the broader global economy. Blackstone provides various financial advisory services, including financial and strategic advisory, restructuring and reorganization advisory and fund placement services.
About Stout Risius Ross, Inc.
Stout Risius Ross (SRR) is a premier global financial advisory firm that specializes in Investment Banking, Valuation & Financial Opinions, and Dispute Advisory & Forensic Services.
We serve a range of clients from Fortune 500 corporations to privately held companies in numerous industries around the world. Our clients and their advisors rely on our premier expertise, deep industry knowledge, and unparalleled responsiveness on complex financial matters.
About Caplin & Drysdale
For over 30 years, Caplin & Drysdale's Complex Litigation Group has been well-regarded by both clients and peers, and maintains a reputation as a powerhouse in matters involving creditors' committees, commercial litigation, corporate bankruptcies, and class actions. The Group's emphasis on close communications with clients, relatively lean staffing, and hands-on involvement by senior litigators, are keys to our success in delivering legal services of the highest quality at excellent value.
About Wilmer Cutler Pickering Hale and Dorr LLP
WilmerHale provides legal representation across a comprehensive range of practice areas that are critical to the success of its clients. The law firm’s leading Intellectual Property, Litigation/Controversy, Regulatory and Government Affairs, Securities, and Corporate and Transactional Departments participate in some of the highest-profile legal and policy matters. With a staunch commitment to public service, the firm is renowned as a leader in pro bono representation. WilmerHale is 1,000 lawyers strong with 15 offices in the United States, Europe and Asia. For more information, please visitwww.wilmerhale.com.