Collateralized Debt Obligation Litigation on the Rise

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

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

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Conducted on Thursday, March 18, 2010

Recorded event now available

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Course Materials

This CLE course 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.

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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
Amelia M. Charamba
Partner
Nixon Peabody

Her finance and securities practice is focused on the representation of financial institutions engaged in trustee,...  |  Read More

Zachary D. Rosenbaum
Zachary D. Rosenbaum
Partner
Lowenstein Sandler

He co-chairs the firm's Capital Markets Litigation group. He has developed a specialty in litigating actions on behalf...  |  Read More

Glenn S. Arden
Glenn S. Arden
Partner
Jones Day

He is experienced in the representation of issuers, sponsors, sellers, underwriters, liquidity and credit providers,...  |  Read More

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