News & Analysis as of

Fraudulent Transfers Private Equity

Seward & Kissel LLP

Private Eyes, Keeping up with the Joneses, and Lone Wolf?

Seward & Kissel LLP on

Regeneron declines to make higher bid for 23andMe after Wojcicki's $305 million offer | Reuters - 23andMe founder Anne Wojcicki’s bid, submitted through a nonprofit she controls, remains unchallenged, setting her up to...more

King & Spalding

Delaware Bankruptcy Court Sides with Trustee in Two Related Orders in $500 Million Fraudulent Transfer Action Arising out of...

King & Spalding on

In related orders in an action to recover over $500 million in alleged fraudulent transfers arising out of the bankruptcy of an education technology company, the U.S. Bankruptcy Court for the District of Delaware denied...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

Private Equity Throws FCA Enforcement Off-Kilter

Over the last 15 years, private equity (“PE”) firms have invested hundreds of billions of dollars in the healthcare sector, infiltrating every corner of the industry from emergency rooms and labs to billing providers and...more

King & Spalding

Second Circuit Refines Fraudulent Transfer Defense Under Bankruptcy Code’s “Safe Harbor” Provision

King & Spalding on

On November 27, 2023, the U.S. Court of Appeals for the Second Circuit revived some of a bankruptcy litigation trustee’s fraudulent transfer claims stemming from the leveraged buyout of apparel retailer Nine West. The lawsuit...more

Proskauer Rose LLP

Retailer’s Status as a “Financial Institution” Immunizes $1 Billion Fraudulent Transfer

Proskauer Rose LLP on

When leveraged buyouts (“LBOs”) fail, the selling shareholders are litigation targets. A common suit is a claim by a bankruptcy trustee asserting constructive fraudulent transfer claims seeking to claw-back payments to the...more

Bracewell LLP

546(e)’s Not-So-Safe Harbor: Second Influential Judge Echoes Concerns that Broad Exemption Shelters Pirates

Bracewell LLP on

Delaware Judge Brendan Shannon has joined calls for reforming Section 546(e) of the bankruptcy code, echoing concerns that the section’s safe harbor from fraudulent transfer liability has allowed investors to “loot privately...more

King & Spalding

Fraudulent Transfer Claims Against Investors Survive Motions to Dismiss

King & Spalding on

On October 12, 2022, the U.S. Bankruptcy Court for the Southern District of New York denied motions to dismiss fraudulent transfer claims asserted against certain investors in Tops Holding II Corporation. In 2007, a group of...more

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