Supreme Court Decision Resolves Disagreement Among Circuits Concerning the “Securities Safe Harbor” Under 11 U.S.C. § 546(e)
On February 27, 2018, the United Supreme Court issued its decision in Merit Management Group, LP v. FTI Consulting, Inc., 138 S. Ct. 883 (2018), which significantly curtailed the ability of a defendant in an action commenced by a bankruptcy trustee under Chapter 5 of …