Litigation Trustee and Committee Claims Against Insiders, Auditors and Other Third Parties in Asset Sale Cases
Addressing Limitations on Recovery Such as In Pari Delicto, Standing and the Insured v. Insured D&O Exclusion
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will provide bankruptcy counsel with a review of suits against corporate insiders and outside third-party professionals, theories supporting liability, and the evolving and complex defenses and limitations to recovery such as in pari delicto, standing and the insured v. insured exclusion.
- Trustee/committee claims against third parties
- Aiding and abetting fraud and breach of fiduciary duties
- Deepening insolvency
- Fraudulent conveyance
- In pari delicto defense
- Standing to pursue claims
- Exceptions to the doctrine
- Various state cases and trends
- Application in bankruptcy setting
- Professional liability insurance coverage issues
The panel will review these and other key questions:
- What trends exist in trustee and committee suits against insiders and third parties, and what are the common theories supporting the cause of action?
- Is the in pari delicto defense a difficult obstacle to filing suit against insiders and third parties? How can the trustee or committee defeat the defense?
- How does the insured v. insured exclusion in D&O policies limit recovery and how have courts interpreted its application in the current bankruptcy environment?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Michael P. Richman
He focuses on representation of Chapter 11 debtors and creditors’ committees, and regularly advises and... | Read More
He focuses on representation of Chapter 11 debtors and creditors’ committees, and regularly advises and represents clients in virtually every aspect of financial distress and bankruptcy, including out-of-court restructurings, prosecution and defense of creditors’ rights litigation, individual and group secured and unsecured creditors, asset purchasers in 363 sales and other parties in interest.Close
Robert J. Keach
His practice focuses on the representation of various parties in workouts and bankruptcy cases, including debtors,... | Read More
His practice focuses on the representation of various parties in workouts and bankruptcy cases, including debtors, creditors, creditors’ committees, lessors, and third parties acquiring troubled companies and/or their assets. He is the chairman of the board of directors of the American Bankruptcy Institute and a fellow of the American College of Bankruptcy.Close