Milbank Litigation & Arbitration and Financial Restructuring partner Alexander Lees recently authored a chapter covering fraudulent transfer law in the fifth edition of the treatise Commercial Litigation in New York State Courts, published by Thomson Reuters and available on Westlaw.
The chapter explores litigation under New York’s fraudulent transfer statute, which was overhauled earlier this year for the first time in nearly a century. The chapter should be among the first comprehensive reviews of New York’s new legislation in this area. Topics covered include strategic considerations for practitioners and methods of proving fraudulent transfer claims and defenses. The chapter also includes practice guides, including discovery checklists, proof checklists, and jury instructions.
While the chapter is focused on New York’s recently enacted fraudulent transfer statute, the treatise should provide useful and relevant information for practitioners in any forum or jurisdiction given the general uniformity of fraudulent transfer law over the country and the frequency with which New York is selected as the applicable law in federal bankruptcy cases.
Mr. Lees is a commercial litigator whose practice focuses primarily on bankruptcy, insolvency, and restructuring-related litigation. He has represented creditors, debtors, private equity sponsors, official committees, ad hoc groups, collateral agents, and bidders in bankruptcy proceedings and other litigation matters arising out of insolvency scenarios and financial restructuring transactions.
To read an excerpt from Mr. Lees’s chapter, “Fraudulent Transfer,” please click here.
