Collateralized Debt Obligation Litigation on the Rise

Strategies for Investors, Issuers and Trustees to Pursue and Defend CDO Claims

Recording of a 90-minute CLE webinar/teleconference with Q&A


Conducted on Thursday, March 18, 2010
Recorded event now available


This CLE webinar will offer guidance to counsel for issuers, investors and trustees, who are defending, bringing or entangled in lawsuits alleging issuer fraud in concealing the risks of investing in collateralized debt obligations. The panel will review recent CDO litigation and discuss strategies for resolving claims.

Description

Investors in collateralized debt obligations (CDOs) are increasingly filing lawsuits against issuers, structuring agents, brokers, collateral managers, trustees and credit default swap partners alleging the defendants fraudulently concealed the risks of investing in CDO transactions.

CDOs, once a multi-billion dollar market, collapsed amid the credit market crisis. As of early 2009, half of all CDOs issued since 2002 were in default. Recent statistics show that one third of all defaulting CDOs are currently in liquidation.

CDO lawsuits raise issues of fraud, negligent misrepresentation, breach of fiduciary duty, breach of contract and consumer protection law violations, among other theories. Counsel for investors, issuers and trustees must prepare a solid litigation strategy for prevailing in lawsuits.

Listen as our panel of corporate finance attorneys provides an overview of recent litigation involving CDOs and provides strategies for investors, issuers and trustees for prevailing in claims.

Outline

  1. Recent litigation trends
    1. Overview of credit crisis-related litigation
    2. Typical participants in CDO litigation
    3. Common claims and allegations
    4. Damages sought
  2. Strategies for resolving lawsuits
    1. Investor plaintiff perspective
    2. Issuer/agent/broker defendant perspective
    3. Trustee perspective

Benefits

The panel will review these and other key questions:

  • What are the bases for legal claims regarding collateralized debt obligations?
  • What challenges do investors' counsel face in pursuing CDO claims?
  • What strategies can issuers' and trustees' counsel employ to prevail in CDO claims?

Faculty

Amelia M. Charamba, Partner
Nixon Peabody, Boston

Her finance and securities practice is focused on the representation of financial institutions engaged in trustee, agency, and custody services to the capital markets. She has extensive experience representing and advising corporate trustees in the closing of various corporate trust product lines, such as structured finance transactions, as well as traditional corporate debt transactions.

Zachary D. Rosenbaum, Partner
Lowenstein Sandler, New York

He co-chairs the firm's Capital Markets Litigation group. He has developed a specialty in litigating actions on behalf of institutional investors, both foreign and domestic, involving collateralized debt obligations (CDOs) and credit default swaps, among other derivative and structured transactions.

Glenn S. Arden, Partner
Jones Day, New York

He is experienced in the representation of issuers, sponsors, sellers, underwriters, liquidity and credit providers, servicers, derivative providers, investors, and rating agencies in connection with the issuance of asset-backed and mortgage-backed securities and cash, hybrid, and synthetic CDOs. He has been a frequent speaker on securitization and derivatives.

Ordering

Online CLE - Audio Recording

Includes audio streaming of full program plus handouts (available 24 hours after live seminar).

CLE: Pre-approved for participatory or non-traditional/alternate format credit in: CA, HI*, NY*, WV*. Pre-approved for self-study credit in: AK, AZ, MO, MT, TX, VT, WA.
Upon request, also available in: CO, CT*, FL, GA, ID, KY, LA, ME, NC, ND, NE, NH, NM, NV, OR*, SC, TN, UT, WI*, WY. If you are applying for credit in one of these states, make sure to select those states when placing your order.
(*Indicates that Strafford must report attendance.)

Online CLE Audio $149.00
Available 24 hours after the live event

How does this work?


Recorded Event

Includes full event recording plus handouts (available after live seminar).

CLE: Pre-approved for self-study credit in: AK, AZ, CA, CT, HI, MO, MT, NY, TX, VT, WA, WV. Upon request, self-study credit is also available in: CO, FL, GA, ID, KY, ME, ND, NE, NH, NM, NV, OR, UT, WI, WY. If you are applying for self-study credit in one of these states, contact Strafford CLE at 1-800-926-7926 ext. 35 or CLE@straffordpub.com.

MP3 Download (Audio with Slide PDFs) $49.00
Available 24 hours after the live event

How does this work?

Webinar Download (Slide Presentation with Audio) $49.00
Available three business days after the live event

How does this work?

CD (Audio with Slide PDFs) $49.00 plus $9.45 S&H
Available ten business days after the live event

DVD (Slide Presentation with Audio) $49.00 plus $9.45 S&H
Available ten business days after the live event

Webinar/Teleconference

Strafford webinars/teleconferences offer several options for participation: online viewing of speaker-controlled PowerPoint presentations with audio via computer speakers or via phone; or audio only via telephone (download speaker handouts prior to the program).  Please note that our webinars do not feature videos of the presenters.

Program Materials

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Program Materials

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CLE Credit

Strafford's live seminars qualify for CLE in every state that accredits webinars. They offer you a high quality, cost effective, and convenient CLE option, with no lost travel time or expenses.

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Customer Reviews

All the speakers seemed extremely knowledgeable on the subject matter. Overall a very good seminar.

Stephan R. Silen

American AgCredit

The information was relevant and well presented.  The questions were good, and the speakers responded with clear knowledge.

Sheila Fox Morrison

Davis Wright Tremaine

One of the best CLEs outside my firm that I have attended in a long time. The materials and the dual perspectives were great and the comments on one another's presentations were very instructive.

Lisa Taylor Hudson

Sands Anderson Marks & Miller

The back-and-forth between the panelists made the program easy to listen to. The slides were very well done.

Chris Kelly

Mayer Brown

The panelists covered the topic well and in depth.

Andrea Mealey

Edwards Angell Palmer & Dodge

Finance Law Advisory Board

Charles H. Baker

Partner

DLA Piper

Anne Lee Benedict

Partner

Gibson Dunn & Crutcher

Mark N. Berman

Partner

Nixon Peabody

Willa Cohen Bruckner

Partner

Alston & Bird

Laura D. Richman

Counsel

Mayer Brown

Robert M. Stern

Partner

O’Melveny & Myers