Examining the Bankruptcy Trustee's Controversial "Clawback" Tool

Presented by

Rick Kirby, Dr. Fred Dunbar, Dr. Marcia Kramer Mayer

About this talk

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.

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