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Fraudulent Transfers TX Supreme Court

Dechert LLP

No Futility Exception: Where Transferee is on “Inquiry Notice,” No Good Faith Defense to Fraudulent Transfer Clawback Absent...

Dechert LLP on

Answering “no” to a certified question from the Fifth Circuit, the Supreme Court of Texas held that a transferee on inquiry notice of fraud cannot shield itself from clawback without diligently investigating its initial...more

Hinshaw & Culbertson LLP

Fifth Circuit Declines to Broaden Exceptions to Attorney Immunity in Stanford Ponzi Scheme Litigation

Troice v. Greenberg Traurig, L.L.P., No. 17-11464 (4/17/19 5th Cir. 2019) - Brief Summary - The Fifth Circuit recently declined to recognize exceptions to the general rule of attorney immunity to non-clients for (1)...more

Ervin Cohen & Jessup LLP

Fore Warned: Fifth Circuit Sticks to its Guns

A prior prior Ask the Receiver® discussed the Fifth Circuit case Janvey v. The Golf Channel, Inc., 780 F. 3d 641 (5th Cir. 2015) (“Golf Channel I”). There the court found The Golf Channel liable to return $6,000,000 paid to...more

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