Commercial Fraud

This session will explore the complex legal doctrines that define the rights and limitations of trustees and debtors in bankruptcy. The panelists will examine when trustees and debtors step into the shoes of the debtor, including how pre-petition rights and defenses impact the estate. The discussion also will analyze the application and limits of the in pari delicto doctrine, along with potential workarounds, and provide a close look at the Barton doctrine — its reach, exceptions, and whether protections continue after case closure. In addition, the panelists will consider the implications of the Fifth Circuit’s recent Highland Capital Management decision, including how gatekeeper provisions may reshape Barton protections for post-confirmation estate representatives.

Hosted by the Emerging Industries & Technology and Financial Advisors & Investment Banking Committees. This panel will explore the intricate landscape of recent crypto-related bankruptcies through a multi-faceted lens. The panelists will examine the fast-paced world of on-chain tracing and flow-of-funds analysis, the unique valuation challenges posed by highly volatile digital assets, and the shifting regulatory environment impacting insolvency proceedings. Illustrative case studies from prominent bankruptcies will ground the discussion, offering practical insights into how legal, financial and technical teams are adapting to these emerging challenges.

Hosted by the Bankruptcy Litigation and Commercial Fraud Committees. This interactive session will take a practical approach to exploring best practices in bankruptcy litigation, with a particular emphasis on fraud-related claims. Using hypothetical fact patterns, the panelists will guide attendees through key phases of contested litigation — from the initial investigation and assessment of potential claims to courtroom strategy and trial execution. Topics will include evaluating causes of action and defenses, drafting effective complaints, managing motion practice and employing persuasive techniques in the courtroom, including opening statements, witness examinations and evidence presentation. Whether dealing with traditional bankruptcy disputes or complex fraud allegations, attendees will gain valuable insights into prosecuting and defending litigation in the bankruptcy context.

This panel, featuring a former U.S. Attorney, bankruptcy trustee and examiner, will cover such key topics as mail/wire fraud, concealment of assets, false statements, perjury and the Fifth Amendment as they relate to crimes in bankruptcy to help keep bankruptcy practitioners and their respective clients out of trouble.

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.

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. The panelists highlight and address recent case law developments in fraud cases and their impact on the various constituencies involved.

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.

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.

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?

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.