Director & Officer Litigation

In the wake of recent corporate scandal, director and officer liability litigation has dramatically increased. Munsch Hardt has developed a focus in this niche. The firm's Bankruptcy and Business Litigation groups have represented numerous trustees and creditors' committees in actions on behalf of defunct companies against their directors and officers for breaches of fiduciary duties, self-dealing and fraudulent transfers. These cases often involve multiple litigation filed by several different types of claimants. The key to success on these cases is knowing how to frame the claims and understanding how director and officer policies function. Munsch Hardt has had great success in recovering on behalf of these defunct corporations for the benefit of their creditors and investors on these claims.

Prosecution of these claims is not where Munsch Hardt's capabilities end. Frequently our Director & Officer Litigation group is called on to represent directors and officers, managing directors, general partners and other fiduciaries in either defense of claims or to give preventative advice. Munsch Hardt's corporate and litigation attorneys often advise directors and officers of their fiduciary duties to the companies they serve. The firm also represents directors and officers in both civil and criminal matters when the director or officer is investigated or has been sued by the company or third parties. Due to the amount of exposure of director and officer claims, Munsch Hardt provides counsel to corporate clients with regard to the interpretation and negotiation of director and officer liability insurance policies.

• Defense of directors and officers accused of misuse of senior lender's collateral.
• Representation of a bankruptcy trustee in claims against former directors and officers for fraudulent transfers of debtor funds.
• Representation of a post-confirmation trustee in an action against the companies' directors and officers.
• Representation of a trustee in an action against the directors and officers.
• Representation of a trustee in action against directors and officers in one of the nation's largest Ponzi schemes. The firm pursued claims for fraud, Racketeer Influenced and Corrupt Organizations Act (RICO) and breach of duty actions against former directors and officers.