Director & Officer (D&O) Liability
Director and Officer or "D&O" litigation involves state and federal court claims against corporate directors and officers, including claims for negligence, breach of fiduciary duty, breach of contract, and fraud.
Bast Amron lawyers are experienced in representing trustees, receivers and assignees, and creditors prosecuting D&O claims as well as similar claims against other fiduciaries, accountants, lenders, and other professionals for negligence, breach of duties, and malpractice.
D&O, fiduciary liability, and professional negligence litigation is a highly specialized area in which the prosecuting lawyers must be familiar not only with the dynamics of fiduciary obligations, negligence, and malpractice but also the intricacies of the insurance policies and coverage often applicable to the claims. Our attorneys have the experience to investigate, formulate, assert, and prosecute the types of claims that will prevail in court while remaining within the confines of coverage. Because the insurance policies often carry strict deadlines for asserting claims, our attorneys are able to conduct investigations and discovery in a compressed time frame to protect and preserve the available insurance coverage, often the only material asset from which creditors may recover their losses.
Over the years, our firm has handled dozens of D&O claims in cases around the country. In some of the cases, recoveries from our D&O claims have provided the only meaningful source of distribution to creditors. We are so confident in our abilities to produce successful results, we typically handle these cases on a contingency fee basis, ensuring our success is tied to our clients'. When we win, they do.
Special Counsel to Chapter 7 Trustee prosecuting director and officer liability claims in Alfred Angelo Bridal, resulting in the recovery of over $4,000,000 for creditors
Special Counsel to Assignee in the Assignment for the Benefit of Creditors of CareSync, Inc. to investigate and prosecute director and officer liability claims
Special litigation counsel to Liquidating Trustee of UVLrx, Inc. to investigate and prosecute director and officer liability claims
Special litigation counsel to Chapter 7 Trustee of Puglia Engineering, Inc. (W.D. Wash.), prosecuted director and officer liability claims which resulted in the recovery of almost $1,000,000 for the creditors of the estate
Special litigation counsel to the receiver for Papa Washington, LLC, and P.J. Sound Pizza, LLC (Sup. Ct. Wash.), prosecuted director and officer liability claims that resulted in the recovery of $1,600,000 for creditors of the receivership estate
Special litigation counsel to the Liquidating Trustees of Advanced Blast Protection, Inc., a designer and distributor of vehicle armoring systems to foreign and domestic governments, investigated and prosecuted claims against the former officers and directors of the company, resulting in a settlement of $1.95 million
Special litigation counsel to the Liquidating Trustee of SMF Energy Corporation, a provider of mobile fleet fueling services, conducted an in-depth investigation of claims on an expedited basis, including procurement and review of hundreds of thousands of pages of documents, and coordination of depositions across the country, resulting in a recovery of over $5 million to creditors
Special Counsel to Plan Administrator prosecuting director and officer liability claims in E-Brands Restaurants, LLC, et al, Chapter 11 case, resulting in a recovery of $1 million to creditors
Special counsel to Curator for the Probate Estate of Victor Posner asserting claims against surety bond for removed personal representative's breaches of fiduciary duty, resulting in a recovery of $12 million for creditors
Special counsel to Assignee of Recovery Associates of the Palm Beaches, Inc., a failed in-patient and out-patient drug rehabilitation center, resulting in a recovery of $285,000 for creditors
Special litigation counsel to the Trustee of the Creditor Trust of ATIF, Inc., asserted claims against the former officers and directors of the Debtor, which resulted in a recovery of $2.25 million for creditors
Special counsel to Chapter 7 bankruptcy trustee of MFPI Group, Inc., a travel services business, investigated and prosecuted breach of fiduciary duty claims against the former directors and officers
Special Counsel to Trustee in Scott Acquisition Corp. Chapter 7 case investigating and prosecuting director and officer liability and professional malpractice claims, resulting in a recovery to creditors in excess of $4.5 million
Liquidating trustee in Pacific Forest Chapter 11 case pursuing insiders and banks relating to a $500 million check-kiting scheme, resulting in a recovery to creditors in excess of $5 million
Receiver for failed HMO in SunStar Health Plan investigating and pursuing director and officer liability and professional malpractice claims
Corporate Divorce
Insolvency Litigation
Assignment for the Benefit of Creditors
Fiduciary Representation
Insolvency Transactions