It has been nearly two years since the Supreme Court upended the world of the Bankruptcy Code securities safe harbor with its decision in Merit Management Group, LP v. FTI Consulting, Inc., 583 U. S. ____, 138 S.Ct. 883, 200 L.Ed. 2d 183 (2018).
What Has Merit Management Changed?
It has been nearly two years since the Supreme Court upended the world of the Bankruptcy Code securities safe harbor with its decision in <i>Merit Management Group, LP v. FTI Consulting, Inc.</i>. For all of the speculation regarding its consequences, there have been few subsequent lower court decisions applying <i>Merit Management</i>, however those cases provide valuable guidance to practitioners facing safe harbor litigation as well as transactional lawyers looking to take advantage of safe harbor protections.
By
Matthew Gold
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