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Punitive Damages In Securities Arbitration: The Tower Of Babel Revisited, Constantine N. Katsoris
Punitive Damages In Securities Arbitration: The Tower Of Babel Revisited, Constantine N. Katsoris
Fordham Urban Law Journal
This article explores when and how punitive damages should be applied in securities arbitration. It briefly outlines the nature of punitive damages and traces the background of securities arbitration. It then proceeds to explore whether punitive damages, in any form permitted in courtroom litigation, should be available for use as a remedy by non-judicial arbitrators sitting in consensual forums involving securities disputes.
In Re Kaiser Steel Corporation: Does Section 546(E) Of The Bankruptcy Code Apply To A Fraudulent Conveyance Made In The Form Of An Lbo Payment?, William C. Rand
In Re Kaiser Steel Corporation: Does Section 546(E) Of The Bankruptcy Code Apply To A Fraudulent Conveyance Made In The Form Of An Lbo Payment?, William C. Rand
Fordham Urban Law Journal
This Comment considers whether, in spite of the Kaiser Steel decision, a bankruptcy trustee should be able to recover a fraudulent conveyance made to a stockholder's brokerage account in the form of a Leveraged Buyout (LBO) Payment. The Comment summarizes the Kaiser Steel opinion and questions the court's interpretation of the prior case law. The Comment then explains why an LBO payment to a stockholder's brokerage account should not qualify as an exempt "settlement payment" under section 546 (e) and thus should be rcoverable as a fraudulent conveyance under section 548. The Comment assumes that such a payment is recoverable …