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Pursuing and Defending Alleged Fraudulent Transfers

Level: Advanced
Runtime: 91 minutes
Recorded Date: April 05, 2017
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  • Applicable Federal and State Laws
  • Analyzing Transactions: Actual v. Constructive Fraud
  • Constructive Fraudulent Transfers: The Tests
  • Case Studies
  • Closing Remarks and Q&A
Runtime: 1 hour and 31 minutes
Recorded: April 5, 2017


This program will feature a discussion of litigating fraudulent transfer/conveyance actions from the perspectives of experienced litigators and a financial expert in valuation and solvency. Drawing on examples from their respective practices, our expert panel will discuss both legal and financial challenges in identifying, proving, and ultimately unwinding fraudulent transfers, as well as provide guidance in defense of alleged fraudulent transfers. The discussion will also focus on the interplay between counsel and an expert witness in the analysis and litigation of fraudulent transfers.

This program was recorded on April 5th, 2017.

Provided By

American Bar Association
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Emil A. Kleinhaus

Wachtell, Lipton, Rosen & Katz

Emil has been involved in numerous significant matters. He represented JPMorgan Chase in the successful defense of actions arising out of the Bernard Madoff and Lehman Brothers bankruptcies. He was lead trial and appellate counsel for Education Management in litigation relating to its $1.5 billion restructuring. He was lead trial counsel for TPG, KKR and Goldman Sachs in connection with the contested chapter 11 plan of Energy Future Holdings. He was lead counsel for Codere and Hibu in their successful chapter 15 proceedings in the U.S. bankruptcy court. He has also represented creditors, companies and directors in various other chapter 11 cases, civil lawsuits and out-of-court transactions.

Emil is the author of more than a dozen publications, including “Prepayment Clauses in Bankruptcy,” 15 Am. Bankr. Inst. L. Rev. 537 (2007), “Debt Repayments as Fraudulent Transfers,” 88 Am Bankr. L. J. 307 (2014), and “The Enforceability of Ipso Facto Clauses in Financing Agreements,” 23 Norton J. Bankr. L. & Prac. 193 (2014). He is a member of the New York City Bar Association’s Committee on Bankruptcy and Corporate Reorganization and the chair of the Subcommittee on Fraudulent Conveyance Law.

In 2014, Emil was identified by Law360 as one of eight “Rising Stars” in the Bankruptcy category. He has also been listed in Super Lawyers magazine since 2012.

Emil received a B.A., summa cum laude and Phi Beta Kappa, from Yale College, and a J.D. from Yale Law School, where he was an Articles Editor of the Yale Law Journal. Following law school, he served as a law clerk for Chief Judge Michael B. Mukasey of the United States District Court for the Southern District of New York and for Judge Jos? A. Cabranes of the United States Court of Appeals for the Second Circuit.

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Debra A. Dandeneau

Baker & McKenzie LLP

Debra A. Dandeneau is co-chair of Baker McKenzie's Global Restructuring and Insolvency Group and chair of its North America Restructuring and Insolvency Group. Her practice focuses on business reorganizations and debtor and creditors’ rights.

Debra has been ranked by The Best Lawyers in America 2011-2016 in the practice areas of Bankruptcy and Creditor-Debtor Rights/Insolvency and Reorganization Law, and Litigation–Bankruptcy. She has also been recognized by Legal 500 US for Municipal Bankruptcy and Super Lawyers 2006-2015 for Bankruptcy. Super Lawyers has also named Debra among the 2015 Top Women for Bankruptcy Business in New York.

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Marc J. Brown, CFA

Managing Director
AlixPartners, LLP

Marc Brown is an AlixPartners Director in the Financial Advisory Services practice, based in the firm’s Chicago office’s. He joined the firm in 2008. His 17 years of experience encompass a variety of corporate finance engagements, focusing on valuation consulting. Marc has valued companies and assets for bankruptcies, reorganizations, distressed situations, mergers and acquisitions, divestitures, litigation, financial reporting, employee stock ownership plans, and strategic and tax planning. He has also valued debt instruments, warrants, options, preferred stock, limited-partnership interests, and intellectual property. Marc has analyzed damages for litigation purposes and provided expert testimony. He has advised companies and creditors in bankruptcy and workout situations, assessed corporate solvency and avoidance actions, and advised banks, investors, law firms, and public and private companies. In addition to his consulting experience, Marc has been an investment banker and a distressed-investment analyst.

Marc has an MBA with honors from the University of Chicago Graduate School of Business and a Bachelor of Science in finance with high honors from the University of Illinois. He is a Chartered Financial Analyst Charterholder and a member of the CFA institute, the CFA Society of Chicago, the American Bankruptcy Institute, the Turnaround Management Association, and the Business Valuation Association. Marc has presented to diverse audiences on valuation topics, including conducting valuations in a distressed environment.

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