Show navigation

Available in:

OnDemand Course

Professional Ethics in the Fraudulent Transfer Realm: A Survey of Recent Cases

Learn ethical defenses applied in these specific fraudulent transfer cases.

This topic will survey recent cases that have highlighted the importance of abiding by legal ethics in the fraudulent transfer setting. As you will note, and as the cases will demonstrate, attorneys may be found to violate rules of professional conduct even if indirectly involved with such transfers. Moreover, while attorneys may not explicitly intend for a transfer to be fraudulent, intent can be transferred from a client if the attorney had the requisite knowledge of the facts surrounding the transfer. Following a brief summary of each case, the speaker will provide attorneys with a few noteworthy 'takeaways' from each case.

Runtime: 80 minutes
Purchase Options

More Program Information

Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Introduction - Relevant MRPC Provisions

  • Rule 1.2(d)
  • Rule 8.4

Matter of Michael David Garber (NY)

  • Facts
  • Conclusion
  • Analysis
  • Takeaway

Cantey Hanger, LLP v. Byrd (TX)

  • Facts
  • Conclusion
  • Analysis
  • Takeaway

Osherow v. Nelson Hensley and Consolidated Fund Management, LLC (TX)

  • Facts
  • Conclusion
  • Analysis
  • Takeaway

Matter of James Gregory Morris (CA)

  • Facts
  • Conclusion
  • Analysis
  • Takeaway

In Re Petition for Disciplinary Action Against William Michael Sheahan (Minn)

  • Facts
  • Conclusion
  • Analysis
  • Takeaway

Conclusion

Purchase Options

More Program Information

Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Course

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on September 28, 2018.

Call 1-866-352-9540 for further credit information.

  • CA MCLE 1.25 including Ethics 1.25
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.25 CLE hours of participatory credit, of which includes 1.25 hours of ethics credit.
     
  • NM CLE 1.3 including Ethics 1.3
     
  • This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.3 hours of credit, including 1.3 hours of ethics credit.
     
  • OR CLE 1.25 including Ethics 1.25
     
  • Approved for 1.25 CLE credits in Oregon, including 1.25 hours of ethics credit.
     
  • WA CLE 1.25 including Ethics 1.25
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.25 hours of A/V credit, including 1.25 hours of ethics credit.
     

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

Virginia MCLE requirements do not allow approval for programs that do not include an audio or audiovisual component.

This program was previously offered as a live webinar. Virginia MCLE requirements do not allow approval for attendance at duplicate programs.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

Purchase Options

More Program Information

Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Harley J. Goldstein, Esq.

Harley J. Goldstein, Esq.

Goldstein & McClintock LLLP

  • Chairman of Goldstein & McClintock LLLP, a boutique law firm comprised of approximately 25 professionals and 8 offices around the country.
  • He represents secured creditors, unsecured creditors, debtors, committees, bondholders, trustees, equity security holders, and other parties in all transactional and litigation aspects of bankruptcy cases. Mr. Goldstein also represents lenders and borrowers in out-of-court operational and financial restructuring matters and has represented various clients with respect to debtor-in-possession financing and cash collateral agreements, sales of assets in bankruptcy, reorganization plan structuring and confirmations, multinational insolvency proceedings, motions for relief from the automatic stay, dischargeability litigation, fraudulent conveyance and preference litigation, and other issues.
  • He has been noted for his skill as counsel in some of the nation’s highest profile corporate insolvency proceedings, was profiled as one of 40 Illinois Attorneys Under 40 to Watch by the Law Bulletin Publishing Company (publisher of Chicago Daily Law Bulletin and Chicago Lawyer), in which he was praised for his creative application of the Bankruptcy Code to accomplish his clients’ goals. At the time he received this award, he was thirty-two years old – the youngest age of any recipient of that accolade for the year in which he received the honor. In addition, he was named as a Rising Star in the Illinois Super Lawyers magazine (from the publishers of Law & Politics and Chicago magazine) every single year of his eligibility since the award's inception. He was also bestowed with a Transaction of the Year award in 2009 by the Turnaround Management Association’s Chicago/Midwest chapter, a Corporate Turnaround of the Year award in 2015 by Turnaround Atlas Awards, and a Corporate Turnaround of the Year award in 2015 by the Turnaround Management Association’s Chicago/Midwest chapter. Most recently, Mr. Goldstein was named: (1) Lawyer of the Year (Corporate Restructuring – United States) by the ACQ Law Awards for the last five years in a row (2014, 2015, 2016, 2017, and 2018); (2) Lawyer of the Year (Bankruptcy – United States) by the ACQ Law Awards for the last three years in a row (2016, 2017, and 2018); (3) Lawyer of the Year (Corporate Restructuring – United States) and Lawyer of the Year (Bankruptcy – United States) by the ACQ Global Awards for the last three years in a row (2016, 2017, and 2018); (4) Lawyer of the Year (Corporate Restructuring – U.S.) by Professional Sector Network’s 2018 Annual International Awards; (5) Lawyer of the Year (Corporate Restructuring – U.S.) by Corporate USA Today’s 2018 Annual Awards; (6) Lawyer of the Year (Restructuring Law – Illinois) by Corporate Intl Magazine’s 2018 Global Awards; (7) Lawyer of the Year (Bankruptcy & Restructuring – U.S.) by Corporate Insider’s 2017 Legal Awards; (8) Legal Advisor of the Year (Bankruptcy & Restructuring – Illinois) by M&A Insider’s 2017 Awards; (9) Lawyer of the Year (Bankruptcy Transactions & Litigation – U.S.) by Corporate Livewire’s 2016 Global Awards; (10) Lawyer of the Year (Corporate Insolvency – U.S.) by Wealth & Finance International Magazine’s 2015 Finance Awards; (11) 2014’s Lawyer of The Year (Corporate Restructuring – Illinois) by Corporate LiveWire; and (12) ranked by the 2018 Chambers USA guide (after having also been recognized in the 2016 & 2017 Chambers USA guides), citing a client’s report that Mr. Goldstein "possesses the rare combination of a thorough command of the law and a high level of business acumen."
  • Prior to forming Goldstein & McClintock LLLP in order to build the most exclusive restructuring law boutique in the nation and to facilitate a broader practice free of the constraints of large-firm conflicts, Mr. Goldstein was an Equity (Senior) Partner at K&L Gates, LLP, one of the largest international law firms comprised of approximately 2,000 attorneys around the globe, where he led the Chicago office's bankruptcy and restructuring group. Prior to its merger with K&L Gates, Mr. Goldstein served as national chair of the Bankruptcy and Restructuring Department of Bell, Boyd & Lloyd LLP, a coast-to-coast law firm and one of Chicago's oldest legal institutions. Prior to practicing, Mr. Goldstein served as law clerk to the Honorable Erwin I. Katz, U.S. Bankruptcy Judge for the Northern District of Illinois.
  • Mr. Goldstein lectures regularly for numerous nationally prominent organizations, where he has presented a variety of educational programs on bankruptcy law and procedure, creditors' rights, distressed acquisitions, distressed real estate, fraud and fraudulent transfer litigation, Ponzi schemes, debt collection, bankruptcy law amendments, and Internet issues. For many years, Mr. Goldstein also taught an introductory seminar to incoming law students at various local law schools as part of a program sponsored by the Chicago Lawyers’ Committee for Civil Rights Under Law, Inc., a nonprofit legal advocacy and services organization working on issues that affect poor and minority communities.
  • Mr. Goldstein frequently writes about bankruptcy law topics and is often quoted regarding large bankruptcy proceedings. Most recently, he authored a chapter entitled “The Business of Bankruptcy: Realizing Restructuring Objectives Through Strategic Ingenuity” in the book Bankruptcy and Restructuring Strategies, published by Aspatore Books as part of its “Inside the Minds” series. In addition, among the articles he has authored himself or in collaboration are: “Tips and Traps For Landlords under New Bankruptcy Amendment,” published in The Newsletter of Corporate Renewal; “Can Ipso Facto Clauses Resolve the Discharge Debate? An Economic Approach to Novated Fraud Debt in Bankruptcy,” published in the DePaul Business and Commercial Law Journal; “Spending Other People’s Money: Creditors’ Remedies for the Misuse of Cash Collateral in Bankruptcy,” published in the University of Miami Business Law Review; and a series of articles regarding cutting edge Internet law issues.
  • In addition to being active in various industry and charitable organizations, Mr. Goldstein previously served as President, and currently serves as General Counsel, of the Midwest Chapter of the Commercial Finance Association (and is the first and only practicing attorney to sit on its Board of Directors).
  • Can be contacted at Chicago Office 312-337-7700; New York Office 212-203-5940 or [email protected] and www.restructuringshop.com
Purchase Options

More Program Information

Why Lorman?

Over 33 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

All of your training, right here at Lorman.

Pay once and get a full year of unlimited training in any format, any time!

  • Live Webinars
  • OnDemand Webinars
  • MP3 Downloads
  • Course Manuals
  • Audio Recordings*
  • Executive Reports
  • White Papers and Articles
  • Sponsored Live Webinars

Additional benefits include:

  • State Specific Credit Tracker
  • Members Only Newsletter
  • All-Access Pass Course Concierge

* For audio recordings you only pay shipping

Questions? Call 877-296-2169 to speak with a real person.

Sign Up Today
With This Course

Access to all training products for one year
$699/year

Unlimited Lorman Training

With the All-Access Pass there is no guessing what you will need for your yearly training budget. $699 will cover all of your training needs for an entire year!

Easy Registrations

Once you purchase your All-Access Pass you will never be any further than one-click away from attending any Lorman training course.

Invest in Yourself

You haven't gotten to where you are professionally by luck alone; it's taken a lot of hard work and training. Invest in yourself with the All-Access Pass.

Product ID: 402136
Published 2018
Purchase Options

Available in Multiple Formats

Purchase this course and learn on your schedule!