Fraudulent Transfer Claims: LBOs and Sec. 546(e), Law Partner Profit Clawbacks, Jurisdiction, and Limiting Damages
Leveraging Latest Case Law Developments in Bringing and Defending Against Claims in Fraudulent Transfer Recovery Litigation
Supreme Court issues narrow ruling in Bellingham/Arkison
Recording of a 90-minute CLE webinar with Q&A
This CLE course will discuss cutting edge topics in fraudulent transfer litigation, including shareholder clawbacks in leveraged buyout transactions, clawbacks of law firm partner “unfinished business profits,” limiting damages in fraudulent transfer recoveries, and an overview of the Supreme Court's ruling in Bellingham/Arkison.
- Leveraged buy-out transactions and the limitations of Section 546(e) safe harbors (Tribune)
- Limits on fraudulent transfer damages (Crescent Resources Litigation Trust)
- Clawbacks from law firm partner profits on “unfinished business”
- Overview of Supreme Court’s ruling in Executive Benefits Insurance Agency v. Arkison
The panel will review these and other key questions:
- What are the limitations on protections for shareholders in LBO deals?
- What are the theories for recovery of “unfinished business” profits from partners of bankrupt law firms?
- What is the potential impact of the Crescent Resources Litigation Trust ruling on the longstanding rule in Moore v. Bay on the scope of the damages recoverable in fraudulent transfer actions?
Corey R. Weber
Ezra Brutzkus Gubner
Mr. Weber focuses on corporate bankruptcy law and litigation, business litigation and commercial collection... | Read More
Mr. Weber focuses on corporate bankruptcy law and litigation, business litigation and commercial collection actions. He represents bankruptcy trustees, committees of unsecured creditors, assignees for the benefit of creditors, municipalities and creditors in contested matters and adversary bankruptcy proceedings. He has experience in litigating state court breach of fiduciary duty and contract disputes.Close
Michael E. Comerford
Milbank Tweed Hadley & McCloy
Mr. Comerford is a member of the firm’s Financial Restructuring Group and has extensive experience in... | Read More
Mr. Comerford is a member of the firm’s Financial Restructuring Group and has extensive experience in representing debtors and creditors in reorganization cases and out-of-court workouts, as well as acquirers of financially distressed companies. He has acted as counsel to the company, and official and unofficial committees representing key creditor constituencies, such as bondholders, agents for lender syndicates, and large debt holders.Close