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 video webinar with Q&A
This CLE course will discuss developments in asset recovery litigation against officers, directors, and outside professionals of distressed or insolvent companies, and against banks and other third party non-professionals alleged to be complicit in or to have otherwise contributed to the losses resulting from Ponzi and other fraudulent schemes, in particular the evolving and complex in pari delicto defense that may bar recovery by trustees, receivers, investors, creditors, and assignees for the benefit of creditors.
- Common claims against D&Os and outside professionals, as well as claims against banks and other allegedly complicit third-party non-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
- Which state's laws apply
- Special state law considerations
- Recent case law developments
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 or an asserted lack of standing a problematic obstacle to filing suit against professionals and professional firms who represented the distressed or insolvent company, or against banks and other third-party non-professionals alleged to have been complicit in the wrongdoing?
- What are some of the best arguments for and against the application of the defense?
- What are the most recent developments in case law?
Ronald R. Peterson
Jenner & Block
Mr. Peterson concentrates his practice in the areas of commercial, insolvency and bankruptcy law. A fellow of the... | Read More
Mr. Peterson concentrates his practice in the areas of commercial, insolvency and bankruptcy law. A fellow of the American College of Bankruptcy, he focuses primarily on representing debtors, trustees, creditors, committees, landlords and secured lenders in Chapter 11 cases. In addition to his insolvency litigation practice, Mr. Peterson counsels clients on a variety of transactional issues, including corporate restructurings.Close
James D. Silver
Mr. Silver is a Partner in the firm’s Fort Lauderdale office and heads the firm’s Commercial Creditors... | Read More
Mr. Silver is a Partner in the firm’s Fort Lauderdale office and heads the firm’s Commercial Creditors Rights Bankruptcy Practice. With over 30 years of experience, he is a commercial litigator who concentrates his practice on business bankruptcies, receiverships, the enforcement of creditors’ rights, and complex commercial litigation.Close