A Notable Footnote In High Court Merit Management Decision

Law360 (April 2, 2018, 12:54 PM EDT) -- On Feb. 27, 2018, the U.S. Supreme Court issued its decision in Merit Management Group LP v. FTI Consulting Inc.[1], resolving a circuit court split regarding the scope of the Bankruptcy Code’s Section 546(e) “safe harbor,” which protects certain securities-related transfers from avoidance. Much of the discussion surrounding the decision has characterized the ruling as a narrowing of the safe harbor, given the court’s holding that a transfer is not protected from avoidance merely because the funds passed through a “financial institution” or other protected entity....
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