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This panel provides an in-depth, dynamic discussion on (1) forensic analyses employed to identify and untangle fraud and maximize recoveries; (2) standing to bring certain claims in fraud cases; (3) claims often pursued in Ponzi and other fraud cases, including aiding and abetting fraud, aiding and abetting breach of fiduciary duty, and conspiracy; (4) the Ponzi scheme presumption, clawback and defenses; and (5) in pari delicto and its applicability, along with other potential defenses.
The unique purpose and role of a special committee in Delaware corporate law has been exhaustively examined by courts. But far less explored are the questions of whether a special committee of the board of directors of a corporation is a separate entity from the corporation itself for purposes of privilege or other matters, and whether the debtor may access privileged special committee materials during or following bankruptcy.
As a great 2024 comes to a close, we look forward to an exciting 2025. At this year’s Winter Leadership Conference in December, we co-hosted a timely panel with the Ethics and Professional Compensation Committee. Panelists Soneet Kapila (KapilaMukamal), Ginny Tate (FAI International) and Alicia Bendana (Lugenbuhl, Wheaton, Peck, Rankin & Hubbard), along with Moderator B. Summer Chandler (LSU Paul M.
This session will provide an overview of recent high-profile cases, including those of FTX, Kenneth Chesebro, Rudy Giuliani and Judge David R. Jones, and discuss the ethical issues raised, including the limits of advocacy, responsibility of the profession, duty of candor and truthfulness, prohibition on assisting in criminal activity, and the duty to report professional misconduct.
The doctrine of in pari delicto is “[t]he principle that a plaintiff who has participated in wrongdoing may not recover damages resulting from the wrongdoing.” [1] This article seeks to provide a general overview of the in pari delicto doctrine, and the relevant intersections between the doctrine and its exceptions.
Ponzi and other fraudulent schemes continue to proliferate. Many of these schemes, event if primarily targeted at Americans, operate using offshore entities in the Caribbean. As a result, resolving such schemes typically involves domestic receiverships or bankruptcy coupled with offshore liquidation proceedings. The victims’ recoveries may vary widely depending on whether the distribution of the scheme’s remaining assets is determined by U.S. bankruptcy law, U.S. common law or foreign law. This panel will explore the various ways in which U.S.
