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.