Structured Finance Is Safe Despite Merit Ruling

Law360 (June 1, 2018, 1:46 PM EDT) -- In Merit Management Group LP v. FTI Consulting Inc.,[1] the U.S. Supreme Court scrutinized the proper application of the safe harbor found in U.S. Bankruptcy Code[2] Section 546(e), which protects from avoidance certain transfers made in connection with securities, commodity and forward contracts. Resolving a circuit split,[3] the Supreme Court held that Section 546(e) only protects from avoidance qualifying transfers by and to entities enumerated in Section 546(e) and does not protect transfers that merely pass through such entities. While the Supreme Court's decision seemingly narrowed the reach of the safe harbor, it did little to change the landscape for the...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Beta
Ask a question!