This Client Alert relates to the Supreme Court’s decision in Merit Management Group, LP v. FTI Consulting, Inc., No. 16-784, issued on February 27, 2018. The Bankruptcy Code allows the trustee or a debtor-in-possession to avoid and recover certain pre-bankruptcy transfers made by the debtor for the benefit of the bankruptcy estate. One limitation to these avoiding powers is a safe harbor provided by 11 U.S.C. § 546(e).