This live PLI webcast on Tuesday, 18 December 2012 provided bankruptcy counsel with an examination of legal and economic issues in preferential transfer and fraudulent conveyance avoidance actions. A panel of experts analyzed the implications of Section 546 Safe Harbors, cross-border insolvency issues, valuation methodologies, the use of market-based measures in assessing solvency, and the different types of solvency analyses, as well as relevant developments in case law.
The faculty for the program included NERA Senior Vice Presidents Dr. Faten Sabry and Dr. David Tabak, as well as Thomas J. Moloney, Partner at Cleary Gottlieb Steen & Hamilton LLP, and Mark A. McDermott, Partner at Skadden, Arps, Slate, Meagher & Flom LLP. The experts discussed the ramifications of Section 546 Safe Harbors in avoidance litigation, reviewed the standards governing US respect for non-US insolvency regimes and recent developments from In re Vitro (Mexico), and assessed recent issues in valuation and solvency. In addition, the experts examined the use of market-based measures, such as credit default swaps, to evaluate solvency. Finally, the panel explored the different valuation methodologies and revenue projections in the analysis of solvency, and presented the distinctions in the types of solvency and analysis of the ability to pay.
The program is now available on demand and can be accessed via the PLI website.