Practical Considerations For Litigating Against SPVs

Law360, New York (October 3, 2017, 12:42 PM EDT) -- In the wake of the financial crisis, many lawsuits seeking to recover damages for alleged investment losses have been filed by special-purpose vehicles (SPVs). Some of these entities were created specifically for litigation, while others were pre-existing investment vehicles that ended up owning litigation claims.

In the simplest terms, an SPV is a legal entity created to fulfill a narrow and temporary objective, and they typically are used to protect other parties — including their founders, managers, creditors and owners — from unintended risk.[1] They are widely used in securitization and other structured finance endeavors, such as collateralized debt obligations (CDOs),...

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