Director & Officer Litigation


  • Plan Administrator Counsel

    Co-Lead Counsel for the Plan Administrator for a failed professional baseball franchise, pursuing claims against the Franchise’s former owner.

  • Fiduciary Litigation

    Represented a Director in a fiduciary duty lawsuit arising from claims of insolvency and guarantee obligations.



The Firm’s Director & Officer (D&O) Litigation practice has been a mainstay of Munsch Hardt for decades, with senior attorneys providing invaluable advice and counsel to corporations and sophisticated organizations in the midst of challenging disputes with former officers and directors. More specifically, Munsch Hardt focuses on representing 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. Our attorneys are well-versed in handling tough issues such as in pari delicto, the Business Judgment Rule and the establishment of gross negligence against the fiduciaries of bankrupt organizations. 

While a significant portion of our practice focuses on prosecuting officers and directors, we are also frequently called upon to represent such parties, as well as managing directors, general partners and other fiduciaries in either defense of claims or to provide preventative advice. Regardless of whether the best resolution is to quietly settle out of court or pursue a trial in state or federal court, it is our experience on both sides of the table that enables us to aggressively and successfully represent our clients’ best interests.

Finally, when working with Munsch Hardt, clients benefit from the Firm’s multidisciplinary approach. In addition to our D&O litigators, we also bring to the table a combination of Corporate and Insurance Coverage expertise. Our Corporate & Securities practitioners understand the full range of governance issues, while our Insurance Coverage team understands D&O Insurance policies and can guide claimants in order to maximize recoveries under those policies. Even before we draw on our experience litigating, arbitrating and/or settling coverage disputes, our attorneys will provide in-depth advice related to the coverage available under these policies.