Examining the Bankruptcy Trustee's Controversial "Clawback" Tool

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Rick Kirby, Dr. Fred Dunbar, Dr. Marcia Kramer Mayer
The Madoff Ponzi scheme has brought intense scrutiny to a controversial tool of the bankruptcy trustee: the "clawback" of funds received from a bankrupt person or entity. Sometimes, as in the Madoff case, the people subject to the clawback are victims themselves.

Join us for a webcast that will look at the clawback in detail. Among other things, we'll discuss the law and precedent on when clawbacks are appropriate, how the trustee in the Madoff case and other cases such as Stanford and Westgate may apply the clawback provision, and how clawbacks can be fought off in certain situations. We'll also address related economic and policy issues such as tax loss, damages, and perceptions of equity.

Panelists include Rick Kirby, a partner in the securities litigation practice at K&L Gates; Dr. Fred Dunbar, Senior Vice President at NERA Economic Consulting; and Dr. Marcia Kramer Mayer, Senior Vice President at NERA Economic Consulting.
Mar 26 2009
73 mins
Examining the Bankruptcy Trustee's Controversial "Clawback" Tool
bankruptcy clawback
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    • What is High-Frequency Trading? Myth versus reality

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    • Difference between HFT, algorithmic trading, and prop trading

    • How big (and how profitable) is the industry? Who are the players?

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    • North America vs European and Asian markets

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    * The type of cybersecurity information FINRA and OCIE examiners may expect to receive during their examinations; and
    * Recommended technology-related steps for broker-dealers, registered investment advisers, hedge funds, private equity firms, exchanges and other financial firms to take in response to increased regulatory focus and new regulatory initiatives, including how financial firms can launch a "pre-emptive holistic strike" to counter the anticipated regulatory offensive.
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  • Title: Examining the Bankruptcy Trustee's Controversial "Clawback" Tool
  • Live at: Mar 26 2009 6:00 pm
  • Presented by: Rick Kirby, Dr. Fred Dunbar, Dr. Marcia Kramer Mayer
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