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The Intersection Among Torts, Science, Corporate Law, Insurance & Bankruptcy
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Kirk T. Hartley
Jan 26, 20212 min read
Multistep Transactions Lead to $4+ Billion Intercompany Deal to Pay for Underlying PFAS Claims
Just before the weekend, DuPont, Corteva and Chemours issued a joint press release announcing a $4 billion deal to resolve their...
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Kirk T. Hartley
Jan 19, 20212 min read
Judge Rakoff: Directors Sometimes at Risk When Multistep M&A Transactions Lead to Insolvency
These are interesting times with respect to corporate transactions related to alleged or actual fraudulent conveyances, whether arising...
45 views0 comments
Kirk Hartley
Sep 19, 20191 min read
Corporate Veil Piercing as Purdue Seeks Refuge in Chapter 11; Conservative Economist Tyler Cowen Arg
As Purdue seeks refuge in chapter 11, a conservative economist articulates a point I’ve also been discussing in various contexts: prepare...
7 views0 comments
Kirk Hartley
Mar 11, 20191 min read
From Canada and Japan: Yet Another Mass Tort Bankruptcy, and Possible Fraudulent Conveyance: Big Tob
A tobacco company is the latest entity to use bankruptcy to try to limit its obligations for a mass tort. This instance, however, is...
4 views0 comments
Kirk Hartley
Aug 14, 20182 min read
Morrison v. Berry – Delaware Supreme Court Rules On Disclosure of the Reasons Behind a Corpora
It’s certainly been interesting to watch the last several years of opinions from the Delaware Supreme Court. A July 2018 opinion adds to...
15 views0 comments
Kirk Hartley
Jun 8, 20181 min read
Update on Springer v. Nohl: Fraudulent Conveyance Claims Arising from Shut Down of Company
The Springer v. Nohl fraudulent conveyance/asbestos case in Wisconsin highlights dubious corporate side activities, and is finally...
2 views0 comments
Kirk Hartley
Mar 26, 20182 min read
Easier to Succeed on Alter Ego Claims When Enforcing a Judgment
Asset shuffling between corporations has time and again produced issues regarding fraudulent conveyances, alter egos and veil-piercing...
5 views0 comments
Kirk Hartley
Mar 7, 20182 min read
SCOTUS Cuts Back on Fraudulent Conveyance Defenses – LBOs Now More at Risk
Some circuit courts had issued fairly hard to fathom opinions immunizing some corporate transactions from fraudulent conveyance claims...
10 views0 comments
Kirk Hartley
Feb 15, 20181 min read
Fraudulent Conveyances to Overseas Trusts To Avoid Possible Medical Malpractice Claims
Amazing what shows up in the news everyday. One is a Valentine’s Day 2018 lawyer ad/article kind of thing promoting return to the US of...
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Kirk Hartley
Feb 11, 20182 min read
Possible Fraudulent Conveyances and Corporate Transactions After Alleged Mass Torts – New Comp
After an alleged or actual mass tort, some companies move voluntarily into chapter 11 proceedings to cope with the claims. However, some...
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Kirk Hartley
Dec 9, 20162 min read
Fraudulent Conveyance Claims Arising from Shut Down of Company, With Its Lawyers Involved as Investo
Another part of the complexity of asbestos litigation lies in the efforts of some to shut down former makers of asbestos containing...
4 views0 comments
Kirk Hartley
May 25, 20161 min read
Flintkote Fraudulent Conveyance Contingency Fee
Smart lawyers can generate better outcomes, and “defense firms” can act as plaintiffs. That’s one of the messages from a May 23, 2016...
3 views0 comments
Kirk Hartley
Mar 10, 20161 min read
Fraudulent Conveyance Win in Tronox Netted $93 Million for Kirkland & Ellis
How soon will the US Chamber of Commerce complain about K&E’s $93 million (mainly) contingent fee in the Tronox/Anadarko fraudulent...
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Kirk Hartley
Mar 1, 20161 min read
SCOTUS Takes on Some Aspects of Fraudulent Conveyance and Bankruptcy
Fraudulent conveyances often are related to existing or impending insolvency, and so of course alleged fraudulent conveyances are often...
2 views0 comments
Kirk Hartley
Jan 25, 20107 min read
Mass Tort Battles Ahead – New Thinking and Arguments, UK Report Endorses Litigation Funding, a
I’m setting aside James Hardie and Australia for a few days. News on Friday provides a great springboard for some comments in the same...
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