This session will focus on the increased scrutiny on the sale of claims and causes of action against insider purchasers. Everyone wants an out-of-court deal — until someone asks for a market test. Is it a vital validation tool, or an obstacle that kills momentum? The panelists will take a candid look at when market checks matter, when they don’t, and how to strike the balance that gets deals across the finish line.
Learning Objectives
- Attendees will evaluate the role of market testing in out-of-court transactions, including when it serves as a meaningful validation tool versus when it may hinder deal execution.
- Attendees will identify legal and practical considerations surrounding the sale of claims and causes of action, particularly in transactions involving insider purchasers.
- Attendees will develop strategies to balance diligence, transparency, and efficiency in order to successfully structure and close out-of-court deals.