Scarola Zubatov Schaffzin PLLC Partner Jonathan M. Landers Authors Two New Articles Addressed to Fraudulent Transfers
A New Look at Fraudulent Transfer Liability in High Risk Transactions: Historically, it has been difficult for creditors to recover transfers as constructive fraudulent transfers in connection with LBOs and leveraged recap. However, recent cases (most importantly, a 2016 circuit-splitting decision by the Seventh Circuit) may signal that the pendulum may be swinging in the other direction and, also, raise ethical and discovery issues with regard to “actual intent” fraudulent transfers. This article explores these cases and the historical and policy considerations that led to them.
You can view the article here.
Actual-Intent Fraudulent Transfers and the Crime/Fraud Exception: This article discusses actual intent fraudulent transfers and the application of the crime-fraud exception to disclosure of privileged communications to discovery in such transactions.
You can view the article here.
