Fraudulent conveyance

Overview
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Fraudulent conveyance actions involving environmental and product liability can lead to solvency issues, which can threaten the validity of corporate transactions. Bates White specializes in analyzing previous liability estimates and providing defensible assessments of extent valuations that are grounded in both contemporaneous fact and the most advanced modeling techniques. Our reports and expert testimony are born from our broad understanding of liability estimation methods across torts and are persuasive to both lay and expert audiences.

  • Served as testifying expert on behalf of Sealed Air in the fraudulent conveyance matter regarding the 1998 acquisition of Cryovac from W.R. Grace.
  • Estimated potential liability arising from exposure to petroleum operations as part of postmerger fraudulent conveyance litigation.
  • Assessed the appropriateness of a multihundred million dollar dividend paid from a subsequently insolvent subsidiary to its parent corporation.
  • Analyzed a corporate restructuring in which 85% of the operating assets were spun off into a new corporate entity and all tort liabilities from historical operations remained with the old entity.