Commercial Fraud

Chasing the Money: Unpacking Subsequent-Transfer Claims Under § 550(a)(2)

This panel will delve into the legal and practical issues surrounding subsequent-transfer claims under § 550(a)(2) of the Bankruptcy Code, and examine such key issues as the scope of liability for immediate and mediate transferees, the standards courts use to determine who qualifies as a subsequent transferee, and the statutory defenses available to those parties. The discussion will include recent case law developments, practical considerations in pleading and proving such claims, and common pitfalls in litigation.

$125.00
$125.00

Fraud, Forensics and Defenses (No C.L.E.)

This panel provides an in-depth, dynamic discussion on (1) forensic analyses employed to identify and untangle fraud and maximize recoveries; (2) standing to bring certain claims in fraud cases; (3) claims often pursued in Ponzi and other fraud cases, including aiding and abetting fraud, aiding and abetting breach of fiduciary duty, and conspiracy; (4) the Ponzi scheme presumption, clawback and defenses; and (5) in pari delicto and its applicability, along with other potential defenses.

$125.00
$125.00

Attorney Ethics in the Spotlight: What Can We Learn from Ethical Issues Raised in Recent High-Profile Cases?

Hosted by Commercial Fraud & Ethics and Professional Compensation Committees

This session will provide an overview of recent high-profile cases, including those of FTX, Kenneth Chesebro, Rudy Giuliani and Judge David R. Jones, and discuss the ethical issues raised, including the limits of advocacy, responsibility of the profession, duty of candor and truthfulness, prohibition on assisting in criminal activity, and the duty to report professional misconduct.

$125.00
$125.00

NO CLE: WORKSHOP: Fraud, Frenzy and the Future: Unmasking Deceit in Complex Bankruptcy Cases

This panel will explore recent trends in commercial fraud and the resulting bankruptcies, examine the role of technology in those cases, and consider how these cases will evolve in the future.

Free Session

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NO CLE - UFTA/UVTA Issues

Over the last several years, an increasing number of states, including New York, have adopted the UniformVoidable Transactions Act (UVTA), the latest update to the Uniform Voidable Transfer Act. The UVTA made anumber of minor changes and updates to the Uniform Fraudulent Transfer Act (UFTA), including changingthe name. What changes were significant? What opportunities to fix problems/vagaries in the UFTA did thedrafters miss? What amendments should the UVTA drafters consider?

Free Session

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NO CLE - Examining Venue, Ethics and Bad-Faith Issues in 2020/2021 Bankruptcy Filings

Recent large bankruptcies like NRA, Boy Scouts of America, Roman Catholic Archdiocese, Purdue Pharma and J&J have invigorated debate over the longstanding issues of venue and bad faith in bankruptcy. This panel will explore matters surrounding venue and bad-faith filings, related ethics considerations, and the newest wave of reform initiatives.

Free Session

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NO CLE - ABI Live: Pursuing a Career Path in Commercial Fraud / Litigation

Hosted by ABI's Commercial Fraud and Young and New Member Committee
Hear tips and real-life stories from industry experts on how best to pursue a career path in commercial fraud and fraud litigation.

*CLE isn’t available in VA.

Free Session

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NO CLE - Fraud and the Implications for Claims Trading and Plans

Presented by the Claims Trading and Commercial Fraud Committees
A review of relevant statutory and case authority surrounding issues of fraud and plan confirmation. What is fraudulent? What is ethical? What is simply good lawyering? This program will explore these and other concerns around claims trading and the potential for manipulation of the bankruptcy plan process.

Free Session

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NO CLE - ABI-Live: COVID-19: Fraud Schemes, Relief Act Forgiveness Fraud, and International Commercial Fraud Issues

Members of ABI's Commercial Fraud Committee will discuss hot topics related to COVID-19, particularly fraudulent schemes likely expected due to the pandemic and schemes that may be revealed as a result of the pandemic's economic repercussions. The panelists will also address the coronavirus relief bill and resulting potential fraudulent schemes, as well as the international impact of the pandemic.

Free Session

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NO CLE - How to Find Hidden Foreign Assets Here and There

The panel explores the challenges with foreign asset discovery in chapter 15 proceedings. Most foreign discovery is obtained either pursuant to Federal Rule of Bankruptcy Procedure 2004 or through the application of the Hague Convention. But how effective are these methods given the cumbersome and often complicated process of obtaining discovery? Are there more effective and efficient methods toward obtaining these results? Do other foreign jurisdictions have less cumbersome and more expedited processes to propound this type of discovery?

Free Session

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