U.S. Supreme Court,
Mergers & Acquisitions,
Corporate,
Bankruptcy
Sep. 7, 2017
Justices to weigh complex M&A safe harbors
The Supreme Court’s grant of certiorari in a case is a clear indicator that it is ready to resolve the endemic circuit split over the breadth of the Section 546(e) safe harbor.
Neal S. Salisian
Founding Partner
Salisian Lee LLP
Phone: 213-622-9100
Email: neal.salisian@salisianlee.com
USC Law School; Los Angeles CA
Using an escrow agent or other financial institution as an intermediary is common in complex merger or acquisitions, including leveraged buyouts. But such a practice may soon be under siege as the availability of safe harbors protecting those transactions from being unwound in bankruptcy may be in jeopardy. For both litigation and transactional attorneys here in California — and the companies they represent — this could mean a significant change in the way deals are d...
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