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 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
- 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 critical issues:
- What are the trends in asset recovery litigation in which the in pari delicto defense may apply, and what are the conventional theories of liability?
- Is the in pari delicto defense a problematic 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 the application of the defense?
- What are the most recent developments in case law?
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
John S. Williams
Williams & Connolly
Mr. Williams handles an array of complex litigation, and has particular experience in securities litigation and... | Read More
Mr. Williams handles an array of complex litigation, and has particular experience in securities litigation and professional liability defense. He has represented issuers, private equity firms, underwriters, and professional advisers in securities suits. Mr. Williams also has represented law firms in cases brought by clients alleging malpractice as well as cases brought by counterparties to clients alleging that the law firm aided and abetted torts by the client.Close