Self-study: Fraudulent Transfers: A Legal and Valuation Perspective

Based on live webinar of June 10, 2014

A detailed discussion of actual fraudulent transfer claims, constructive fraudulent transfer claims, and associated legal and valuation issues. The speakers incorporate a hypothetical case study to frame the discussion and illustrate related issues. Recent cases that have affected how fraudulent transfer laws are applied are also discussed.

Learning Objectives
After completing this program, participants will be able to:

1. Define and describe the nature of fraudulent transfer claims.
2. Define and describe constructive fraudulent transfer claims.
3. List and explain associated legal and valuation issues.
4. Discuss recent cases that have affected how fraudulent transfer laws are applied.

Instructors

Dan Winikka, Esq. (Partner, Simon, Ray & Winikka LLP)—Dan has led representations of both debtors and committees in large, complex chapter 11 cases, as well as borrowers in out of court restructurings. During nearly two decades at Jones Day, he skillfully guided debtors, committees, and secured and unsecured creditors through chapter 11 reorganizations and liquidations, including several cross-border insolvencies.

Craig Simon, Esq. (Partner, Simon, Ray & Winikka LLP)—Craig is a seasoned litigator who has served as lead counsel in complex, high-stakes business disputes in courts and arbitrations around the country. His experience is broad based and has included a wide variety of business disputes. Craig regularly represents clients in bankruptcy and insolvency-related litigation, including fraudulent transfer, fiduciary duty and supplier disputes, plan confirmation contests, claims, and other disputes.

Jeff Litvak (Senior Managing Director, FTI Consulting, Inc.)—Jeff specializes in forensic accounting investigations and valuation matters, assessment of economic damages, analysis of lost profits and unity of interest/separateness matters. He has worked on significant matters for the United States Department of Justice and Internal Revenue Service on valuation and other corporate finance matters.