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Greenberg Traurig Beats Malpractice Claim In Clawback Row

Law360 (April 13, 2018, 6:30 PM EDT) -- A New York state judge has tossed NextEra Energy Inc.’s malpractice suit claiming Greenberg Traurig LLP failed to assert a specific safe harbor defense to a clawback claim in a bankruptcy case, saying the firm can’t be held liable for not asserting a defense that couldn’t be sustained in court.

NextEra claimed that Greenberg Traurig could have ended an ultimately failed $149 million clawback bid from the successor trust to bankrupt Adelphia Communications Corp. nearly a decade earlier by invoking Section 546(e) of the Bankruptcy Code,...
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