The Lehman Brothers bankruptcy brought into focus the risks faced when one of the counterparties to derivative and other financial contracts fails. In the United States, various safe harbors for financial contracts exist to mitigate bankruptcy risks. However, such protections are not without limits. Please join us as Restructuring, Bankruptcy & Insolvency partners Howard Beltzer and Joel Moss provide a brief overview of the financial contract safe harbors under the Bankruptcy Code and an update of the recent major decisions by courts that have addressed, and helped define, the scope of such protections. They will also discuss decisions in the US Lehman Chapter 11 cases addressing related capital markets issues.
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Mayer Brown’s Global Financial Markets Initiative helps clients deal with the legal and business challenges resulting from the ongoing turbulence in worldwide financial markets. By mobilizing the firm’s global resources from multiple practices and offices, the initiative provides clients with knowledgeable and timely counsel on a broad spectrum of their legal needs.