This CLE course will discuss commonly attacked transactions such as payments to trade creditors, loan workouts, and payments to insiders. The panel will analyze statutory defenses and other key defenses such as earmarking, critical vendor, mere conduit, assumed contract, claim waivers, and setoffs. Read More

This CLE course will discuss developments in asset recovery litigation against officers, directors, and outside professionals of distressed or insolvent companies, and against banks and other third party non-professionals alleged to be complicit in or to have otherwise contributed to the losses resu... Read More

This CLE course will discuss current developments about the trustee's pre-filing obligations under Section 547(b) of the Bankruptcy Code. The Bankruptcy Code does not define "reasonable due diligence in the circumstances of the case" nor what it means to take "into account a party's known or reasona... Read More

This CLE course will review director and officer protection statutes across key jurisdictions and show counsel how to maneuver through the window between the business judgment rule and intentional dishonest acts to ensure access to directors and officers liability insurance policies if duties of car... Read More

This CLE webinar will guide counsel through the evolving positions of courts on four key issues that arise in avoidance actions. The panel will discuss competing views about whether and when avoidance actions must benefit the estate, whether fraudulent transfer recoveries should be limited to the nu... Read More

This CLE course will discuss the defense to a fraudulent transfer claim for subsequent transferees from the debtor, the requirements to meet the defense, the issue of value received in consideration for the transferred payment, and what can be recovered. Read More

This CLE course will review the ordinary course of business defense to preference actions. The program will help counsel identify new strategies applicable when practices between the parties and in their industry are or have become anything but ordinary. The panel will also explore the limits on the... Read More

This CLE course will examine the treatment of consignments and reclamation rights under the UCC and in bankruptcy. The panel discussion will include an analysis of the UCC definition of "consignment" and how it impacts the documentation and perfection, as well as the priority of a consignor's intere... Read More

This CLE course will provide practitioners who represent either bankruptcy trustees or defrauded investors with an overview of recent trends in clawback suits involving Ponzi schemes, theories of liability and effective defenses, and strategies for bringing and defending these claims. Read More

This CLE course will address substantive consolidation which allows the bankruptcy court to treat two or more debtors as one entity, pool the assets and claims of all entities, and eliminate inter-company claims for purposes of administration and distribution of assets. Read More

This CLE course will provide bankruptcy and litigation counsel with a review of suits against corporate insiders and outside third-party professionals, theories supporting liability, and the evolving and complex defenses and limitations to recovery such as in pari delicto, standing, and the insured... Read More

This CLE course will provide counsel with a review of fraudulent transfer claw-back litigation in light of rulings in the Tribune, Lyondell and SemGroup bankruptcy cases, as well as more recent cases from the Bankruptcy Court for the District of Delaware and the Seventh Circuit Court of Appeals that... Read More

This CLE course will instruct bankruptcy estate representatives on how to recover assets from foreign defendants/transferees. The program will discuss key issues counsel must consider in pursuing foreign assets, including personal jurisdiction, choice of law, discovery tools, and enforcement of judg... Read More