February 22, 2022

ISDA and FIA submitted an amicus brief, in support of defendants, in the U.S. District Court in the Southern District of New York. The amicus brief urges the court to grant defendants’ motion to dismiss the complaint in in Kahle v. Cargill, Inc., arguing that the swap agreement safe harbor at issue (11 U.S.C. § 546(g)) preempts state-law fraudulent-conveyance claims brought by Plaintiff, an assignee in state insolvency proceedings.