Financial Lawyers Conference Program – November 1, 2012


Unavoidable Consequences:  Recent Developments In Avoidance Actions Affecting Equity Interests

Thursday, November 1, 2012

A number of recent cases have involved the effect of avoidance actions on the rights and liabilities of holders of equity interests, including shareholders, parent companies, and law firm partners. The panel will examine the Tronox decision addressing whether recovery of avoidance actions is capped at creditor claims, the conflicting decisions in the Brobeck, Coudert, Heller, and Thelen cases addressing whether a partnership agreement waiving unfinished business profits constitutes a fraudulent transfer, the Tousa decisions addressing the use of subsidiary assets to satisfy creditor claims against the parent, the Dynegy examiner’s report addressing the propriety of transferring subsidiary assets to the parent if such transfers are not contractually prohibited by the subsidiary debt agreements, and attempts in the Tribune and Lyondell cases to avoid the section 546(e) defense by having creditors assert state law fraudulent transfer claims against shareholders.

Erin N. Brady, Jones Day
Seth Goldman, Munger, Tolles & Olson LLP
Bradley R. Schneider, Munger, Tolles & Olson LLP

The Omni Hotel
251 S. Olive Street
Los Angeles, California

6:00 pm – 6:45pm – Registration and Cocktails
6:45pm – 7:30pm – Dinner
7:30pm – 8:30pm – Program

$70.00 FLC Member
$85.00 Nonmembers
$40.00 Lawyers in Gov’t Svc.