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Second Circuit Interprets New York's Fraudulent Conveyance Statute to Exclude Asymptomatic Asbestos Plaintiffs From Solvency Analysis

05.13.04
This memo details the impact that this decision could have on the determination of solvency of companies subject to mass tort liability for the purposes of dividends, spinoffs, leveraged buy outs and other transactions where the company's solvency is of critical importance.