May 3, 2019
Kleinberg Kaplan Partner Matthew Gold was published in the May edition of the Law Journal Newsletter’s The Bankruptcy Strategist.
Matt’s article, “What Has Merit Management Changed?,” discusses the Supreme Court’s Merit Management ruling regarding the bankruptcy securities safe harbor defense to claw back actions and how lower courts have been applying it in other cases. In Merit Management, the Court narrowed the safe harbor, ruling that it does not apply where the required qualified institutions are mere conduits with no substantial stake in the challenged transaction. However, in Tribune and Lehman, courts have found a continued vitality in safe harbor protections.
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