The In Pari Delicto Defense to Bankruptcy and Other Claims Against Directors, Officers and Third Parties
Anticipating or Raising the Defense in Bankruptcy and Other Asset Recovery Litigation
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will provide bankruptcy counsel with an overview of developments in asset recovery litigation against officers, directors and other outside professionals of distressed or insolvent companies. The panel will also discuss the evolving and complex rules underlying the in pari delicto defense that may bar recovery by trustees, receivers and creditors.
- Common claims against D&Os and outside professionals
- Aiding and abetting fraud and breach of fiduciary duties
- Deepening insolvency
- Fraudulent conveyance
- Applicability and scope of the in pari delicto defense
- Standing to pursue claims
- Exceptions to the doctrine
- Recent case law developments
- Bankruptcy litigation
- Litigation outside bankruptcy
The panel will review these and other key issues:
- What are the trends in asset recovery litigation in which the in pari delicto defense may apply, and what are the common theories of liability?
- Is the in pari delicto defense a difficult obstacle to filing suit against professionals and professional firms who represented the distressed or insolvent company?
- What are some of the best arguments for and against application of the defense?
- What are the most recent developments in case law, including those in the ongoing Madoff trustee litigation?
Jon Maxwell Beatty
Mr. Beatty is a trial attorney who handles all types of complex litigation with an emphasis on financial fraud... | Read More
Mr. Beatty is a trial attorney who handles all types of complex litigation with an emphasis on financial fraud cases, insolvency disputes, professional liability cases, and other business disputes.Close
Craig D. Singer
Williams & Connolly
Mr. Singer concentrates his practice in three broad areas: professional liability, criminal defense, and appellate... | Read More
Mr. Singer concentrates his practice in three broad areas: professional liability, criminal defense, and appellate work. He represents lawyers and law firms, including some of the nation’s largest firms, in federal and state courts, government investigations, and arbitration proceedings in many jurisdictions around the country. He has played a significant role in developing and litigating defenses to claims commonly brought against lawyers and law firms, including defenses based on in pari delicto, elements of aiding and abetting claims, attorney-client duties, proximate causation and damages.Close