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How Safe Are the "Safe Harbors"?

How to Protect Your Investment Funds and Trades From Bankruptcy Clawback After the Supreme Court’s Recent Merit Management Ruling
July 2018

Listen to Recording (CLE/CPD Credit Available)

The webinar discusses the Supreme Court's February 2018 decision in FTI Consulting v. Merit Management and the broad questions it has raised about what kinds of securities payments, trades and M&A activity are still protected by the Bankruptcy Code's safe harbors in the event of a counterparty's bankruptcy filing.

Topics covered include:
  • An introduction to the safe harbors: the protected safe harbor entities, and which types of payments and financial contracts qualify;
  • A survey of how the safe harbors are used to protect investments and trades: both immediately after a bankruptcy filing (as a self-help remedy), and in the event of a future clawback suit (as a litigation defense);
  • What the Supreme Court did -- and did not -- say in its recent Merit Management decision; and  
  • How to structure your trades and M&A deals going forward to maximize safe harbor protection, in light of Merit Management.