Webcast: Examining the Bankruptcy Trustee's Controversial 'Clawback' Tool
26 March 2009
Hosted By: Securities Docket
The Madoff Ponzi scheme has brought intense scrutiny to the "clawback," a controversial tool of the bankruptcy trustee that can allow the trustee to claw back funds received from a bankrupt person or entity. Sometimes, as in the Madoff case, the people subject to the clawback are victims themselves.
On 26 March 2009, NERA participated in a webcast that looked at the clawback in detail. Among other things, the webcast examined the law and precedent on when clawbacks are appropriate, how the trustee in the Madoff case and other cases such as Stanford and Westgate may apply the clawback provision, and how clawbacks can be fought off in certain situations.
The panelists, including NERA Senior Vice President Dr. Marcia Kramer Mayer and Rick Kirby, partner at K&L Gates, also addressed the equity and efficiency implications of alternative clawback targeting strategies and alternative distribution formulas. Moderated by Securities Docket's Bruce Carton, the webcast also featured a Q&A session following the panelists' presentations.
View a recording of the webcast below.
To contact us about this event, please click here.
