Civil Liability for Aiding and Abetting Commercial Fraud, Breach of Fiduciary Duty and Other Business Torts
Protecting Unsuspecting Clients, Reaching New Types of Misconduct
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will provide guidance about the expanding scope and risks of civil liability for aiding and abetting another's actionable wrongs and offer strategies for preventing unsuspecting clients from getting trapped in avoidable litigation.
Outline
- Overview and history of aiding and abetting liability
- Substantive elements of civil liability for aiding and abetting
- Underlying actionable wrong
- Knowledge of the underlying wrong
- Effect of motive on knowledge analysis
- Reckless disregard and intentional ignorance
- Substantial assistance in perpetuating the wrong
- Affirmative actions
- Concealment
- Failing to speak when under obligation to do so
- Sliding scale: balancing level of assistance with amount of knowledge
- Causation
- Frequent defendants and factual scenarios
- Defenses
- Key cases
Benefits
The panel will explore these and other key issues:
- What constitutes knowledge of the primary wrong and what type of facts must be alleged to withstand a motion to dismiss?
- What are common defenses to aiding and abetting torts?
- What is the difference between aiding and abetting and conspiracy?
- Is the use of "atypical" banking procedures a critical signifier of "knowledge"?
- When can silence or a failure to clarify information amount to aiding and abetting?
Faculty
Elizabeth Curran
Special Counsel
Freshfields Bruckhaus Deringer
Ms. Curran is Special Counsel at Freshfields Bruckhaus Deringer.
| Read MoreMs. Curran is Special Counsel at Freshfields Bruckhaus Deringer.
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Scott Eisman
Special Counsel
Freshfields Bruckhaus Deringer
Mr. Eisman is a Special Counsel in our dispute resolution practice, based in New York. He recently rejoined Freshfields... | Read More
Mr. Eisman is a Special Counsel in our dispute resolution practice, based in New York. He recently rejoined Freshfields after spending several years as an Assistant Solicitor General in the New York State Office of the Attorney General. While in government service, Mr. Eisman represented the State of New York at all three levels of both the New York and federal judiciaries. He argued nearly twenty appeals and dispositive motions and wrote dozens of briefs. A US Supreme Court brief that he co-authored received the National Association of Attorneys General’s 2019 Supreme Court Best Brief Award. Mr. Eisman has extensive experience representing financial institutions and corporations in complex commercial disputes. He has also represented clients in connection with investigations by the US Department of Justice, the Securities and Exchange Commission, and the Commodity Futures Trading Commission. Mr. Eisman was an associate at a global law firm and a law clerk to the Honorable Louis L. Stanton of the United States District Court for the Southern District of New York.
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Timothy P. Harkness
Partner
Freshfields Bruckhaus Deringer
Mr. Harkness represents clients in complex commercial litigation. He is particularly known for handling transnational... | Read More
Mr. Harkness represents clients in complex commercial litigation. He is particularly known for handling transnational and cross-border disputes. He has played prominent roles in major cases involving allegations of fraud, breaches of contract, post-M&A disputes and alleged violations of the law of nations and Anti-Terrorism Act. He also handles bankruptcy litigation, particularly when those cases involve transactions taking place in multiple countries. Technology, telecommunications, life sciences companies, as well as professional services and private equity firms, manufacturers and media companies call upon His knowledge and experience in commercial arbitrations and civil litigation arising from claims of fraud, breach of contract, and veil piercing. Mr. Harkness also advises clients concerning data location, cybersecurity and privacy.
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Gayle Klein
Partner
Freshfields Bruckhaus Deringer
Ms. Klein is a nationally recognized litigator with a practice that focuses on a full spectrum of commercial disputes,... | Read More
Ms. Klein is a nationally recognized litigator with a practice that focuses on a full spectrum of commercial disputes, particularly those involving complex financial transactions, fraud claims, trade secrets, non-compete undertakings and major contracts. She also is particularly adept at defending against class actions and has secured victories in class actions nationwide, including California, Florida, and Texas. Her clients include public and private companies, financial institutions, private equity firms, and hedge funds. Ms. Klein represents both plaintiffs and defendants in high stakes litigation. Over the past decade, she has both recovered in excess of $1 billion for her clients, as well as won defense verdicts and achieved settlements vindicating her clients’ business decisions. She is one of only six women in New York who are recognized by Chambers USA for Commercial Litigation as a leading lawyer in Bands 1 and 2. Ms. Klein also has been named a New York “Litigation Star” and one of the “Top 250 Women in Litigation” nationally by Benchmark Litigation since 2015, which describes her as “a community and client favorite” who possesses the unique combination of “street smarts and an uncanny business sense.” She also has been named among the “500 Best Lawyers in the United States” by Lawdragon since 2013. She was most recently a Partner and the Co-Head of the litigation department at Schulte Roth & Zabel.
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