Bankruptcy Fraudulent Transfers as Securities Claims: Opening the Door to Recovering D&O Insurance Proceeds
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will discuss the novel approach used in Verizon Commc’ns. Inc., et al. v. Nat’l Union Fire Ins. Co. of Pittsburgh, et al, Case No N18C-08-086 EMD CCLD (Del. Super. Ct. Oct. 18, 2022) for accessing D&O insurance coverage in connection with a fraudulent transfer claim. The panel will discuss the rationale of Verizon, and how bankruptcy trustees and other estate representatives (such as creditors’ committees) can leverage the holding in this case to augment the estate.
- Overview of Verizon Commc’ns. Inc., et al. v. Nat’l Union Fire Ins. Co. of Pittsburgh
- Choice of law and rules of policy interpretation
- Key policy definitions, provisions, and exclusions
- Derivative standing issues
- Reasonable expectation of coverage defense
- Bankruptcy applications and strategies
The program will review these and other pivotal issues:
- What was the court's reasoning in holding that a fraudulent transfer claim constituted a securities claim for which D&O insurance coverage was available?
- What is the relevant policy language to review in such circumstances?
- Does the analysis change based the type (“side A/B/C”) of D&O policy involved?
Brett M. Amron
Mr. Amron advises clients in complex business and bankruptcy litigation matters with an emphasis on director and... | Read More
Mr. Amron advises clients in complex business and bankruptcy litigation matters with an emphasis on director and officer liability, breach of fiduciary duty, partnership and shareholder disputes, fraud, and avoidance and recovery of preferential and fraudulent transfers. Mr. Amron represents court-appointed fiduciaries, trustees, receivers, corporations, shareholders, individuals, creditors’ committees, and secured and unsecured creditors. Mr. Amron speaks and writes frequently on various topics related to his practice.Close
Michael R. Handler
King & Spalding
Mr. Handler specializes in representing lenders and bondholders in all aspects of workout and restructuring matters.... | Read More
Mr. Handler specializes in representing lenders and bondholders in all aspects of workout and restructuring matters. Mr. Handler also has significant experience representing financial institutions, institutional investors and large corporations in commercial finance transactions, mergers & acquisitions and other corporate transactions.Close
Gary M. Kaplan
Farella Braun + Martel
Mr. Kaplan represents debtors, secured and unsecured creditors, creditors' committees and trustees in a wide... | Read More
Mr. Kaplan represents debtors, secured and unsecured creditors, creditors' committees and trustees in a wide range of bankruptcy and non-bankruptcy matters. His practice includes both out of court and Chapter 11 restructurings, including advising clients regarding pre- and post-bankruptcy strategy, debt collection, judgment enforcement and provisional remedies. He also has extensive litigation experience.Close