NAFER 2024 Annual Conference

Join us for our annual Judges’ Panel featuring seven judges from a variety of courts around the country. The judges will touch on several key topics including understanding why the limits of equity are crucial in receiverships; what factors go into the selection of a receiver; advice for communicating effectively with the court; and in appellate matters, how cases are perceived and identifying what is important.

Timing. Notice. Process.

A receiver's goal to maximize recoveries can encounter unexpected hurdles when the assets are "unusual". This panel will focus on strategies which have been used to monetize such assets.

The more things change,….  Ah, but change they do!
This panel aspires to update the participant regarding current regulatory trends, judicial decisions, and their implications for receivers. A trifecta of Senior Counsel from the CFTC, FTC and SEC join NAFER to discuss:

1. their agencies' enforcement initiatives;
2. the agencies' near-term enforcement focus;
3. the impact of certain recent court cases, including:
   1. Jarkesy's anticipated impact on the use of administrative proceedings in enforcement matters;
   2. Loper Bright's overruling Chevron, precluding judicial deference to agency interpretation of ambiguous statutes;
   3. Purdue Pharma's limitation of 3rd party releases;
   4. DebtBox's overruling of SEC v Unifund (a/k/a the Relaxed Test) for obtaining a TRO;
   5. SEC v. Barton’s impact on justifying a Receiver's appointment;
   6. Fischer's effect on criminal liability under 18 U. S. C. §1512(c)(2)
4. An update on how the FTC handles receiverships after AMG v. FTC; and
5. Some perceived best practices and their own pet peeves.