Cross-border and Insolvency Litigation

Our lawyers have extensive experience working on cross-border insolvency litigation on behalf of foreign liquidators in pursuing third-party claims against professionals and insiders who have defrauded their clients. We have worked on cases with parallel proceedings in the Cayman Islands, B.V.I., Anguilla, Antigua, Hong Kong, Bermuda, Italy, the United Kingdom, Uruguay, and Argentina. Through our membership in INSOL and our work in cross-border cases over the years, we have developed an international network and working relationship with lawyers, liquidators, accountants, and experts in this area.

In the past, we served as experts on U.S. insolvency law in the SPhinX proceedings in the Cayman Islands. Over the years, our lawyers have been involved in many prominent cross-border frauds of the past decade, including Enron/LJM2, Parmalat, Refco/SPhinX, Madoff, Stanford, Trade & Commerce Bank, AJW, ICP/SCIF, Maven Insurance, American Pegasus, and InverWorld. We have an appreciation and understanding of the comparative law issues that arise in cross-border litigation, and we know how to work up and plead these cases to avoid the many pitfalls. We also know how to follow the money when it crosses over many foreign borders, which is often the case in large financial frauds.

More recently, we have added a Chapter 15 practice to our cross-border repertoire. In order to optimize the litigation assets of offshore liquidations and to minimize the costs of administration to the estate, we have found that liquidators are very receptive to the inclusion of a Chapter 15 recognition proceeding to an alternative fee arrangement.

On the domestic front, we have extensive experience representing bankruptcy trustees, SEC receivers, plan administrators, liquidating trustees, and creditor committees in the pursuit of bankruptcy related litigation. We have successfully prosecuted third-party claims for breach of fiduciary duty and professional malpractice as well as fraudulent transfers on behalf of various constituents. Over the past few years, we have served as special counsel to numerous domestic bankruptcy and receiverships across the country. Specifically, we have worked on USA Capital, Petters, Agape, SemGroup, Cornerstone, Cook, Centaur LLP, Horizon, Pali Capital, and many others.

Prior results do not guarantee a similar outcome