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Director & Officer Litigation: Navigating Claims Through the Zone of Insolvency
Audio program! (check our CLE Programs page for live versions)
If you need to know more about Director & Officer Litigation, this program is for you.
Businesses and other organizations fail from time to time. That is a reality of our capitalist system. In the vast majority of these cases, the failure occurs despite the best efforts of the business’ senior management and board. Market forces, macroeconomic trends or just bad luck are most often the cause of any particular business’ demise.
Unfortunately for the management and board, however, they may be blamed for the business’ failure.
In a bankruptcy, the trustee, shareholders, employees and other third parties frequently look to hold the directors and officers responsible. In many cases, this comes in the form of a breach of fiduciary duty or similar claim. These claims are all the more likely when the failed business had a significant directors and officers insurance policy in place. Although defending these claims can be stressful for the directors and officers, as discussed below, there are protections in place for the defendants and strategies that can mitigate that anxiety, reduce their exposure, and ultimately resolve the case.
This program will teach you all about Director & Officer Litigation. Please see the “What you will Learn” tab for the complete agenda.
The audio package is available now in CD and Download format. Click to the right to order.
Recorded in 2019.
What You Will Learn
- Prepare for the Worst
- D&O Insurance
- Retention of professionals
- What a Fiduciary (Ttee, Receiver, Assignee) should look for/first steps
- Corp case
- D&O Policy(ies)
- Asset of the Estate
- Retention of GC v Special Counsel
- Wasting Limits
- Policy Period
- Insuring Clauses
- Potential claims
- Duty of Care
- Duty of Loyalty
- Standard: Gross Negligence/Recklessness
- Potential defenses
- Business Judgment
- Advice of counsel/professionals
- Pre-suit Demand/Settlement
Brett Amron, Esq.
Partner and Co-Founder
Brett has been a litigator his entire career. He advises clients in complex business and bankruptcy litigation matters with an emphasis on director and officer liability, breach of fiduciary duty, partnership and shareholder disputes, fraud, and avoidance and recovery of preferential and fraudulent transfers. Brett represents court-appointed fiduciaries, trustees, receivers, corporations, shareholders, individuals, creditors’ committees, and secured and unsecured creditors.
Brett began practicing law as a prosecutor in Miami. From there he joined a large local firm in its bankruptcy litigation group, where he was elevated to partner. In 2008, Brett started his own practice and in 2009 founded Bast Amron LLP with his partner Jeffrey Bast. The firm is now widely recognized as one of South Florida’s top boutique firms delivering sophisticated advice to an array of clients with complex business disputes.
Brett speaks and writes frequently on various topics related to his practice. He has been recognized by his peers and numerous publications for professional excellence including Best Lawyers in America, Chambers and Partners, Martindale-Hubbell, South Florida Legal Guide, and Florida Super Lawyers.
Donald Kirk, Esq.
Donald Kirk represents clients in high-value bankruptcy matters, financial restructurings, and commercial litigation. He represents secured lenders, purchasers of assets from troubled companies, debtors, fiduciaries, creditors’ committees and other stakeholders in multi-party disputes and reorganizations.
Donald also represents officers and directors of public, private, and not-for-profit companies, counseling them as financial concerns arise, in litigation involving breaches of fiduciary duty, and concerning governmental investigations. He has discreetly and successfully negotiated resolutions for his clients, typically involving permanent relief from future claims.
Donald provides guidance on ways to identify and mitigate bankruptcy risk, and works with clients on both in-court and out-of-court debt restructurings. He has handled matters in numerous state and federal courts, including those in Colorado, Delaware, New York, California, Georgia, Pennsylvania, Massachusetts, and U.S. Virgin Islands.
Donald is board certified by the American Board of Certification in Business Bankruptcy Law. He is the former president of the Tampa Bay Bankruptcy Bar Association. As co-chair of The Florida Bar Proceeding Supplementary Task Force, his team revised and updated Florida’s law on judgment execution law. He also chaired the ABA’s Business Bankruptcy Task Force to draft the Model Asset Purchase Agreement for bankruptcy sales.
Chambers USA, a leading guide to the legal profession, noted that he "is very experienced in a wide variety of representations and a wide variety of cases. He’s very bright, very capable, and does a good job across the board."
Donald is the bankruptcy and creditors’ rights national practice group leader, and the national trial practice group co-leader.
D. Brett Marks, Esq.
Partner, Bankruptcy and Reorganization
D. Brett Marks represents troubled companies, secured and unsecured creditors, asset purchasers, private equity groups, trustees, and creditors’ committees in Chapter 7 and Chapter 11 cases, out-of-court workouts, and litigation matters. Brett also has significance experience representing and counseling officers and directors of insolvent companies, including defense of alleged breach of fiduciary duty claims and other claims of malfeasance.
Brett’s experience extends across a number of diverse sectors, including professional sports, gaming, telecommunications, real estate, finance, and technology. He is recognized by numerous publications for his work, including The Best Lawyers in America and Florida Trend’s Legal Elite, among others.
Webinar and Materials Package – CD or Download format: $129
For CDs please add $7.50 shipping and, in CA, sales tax.
CA General: This program is approved for 1.25 units of general CLE in California.
Upon request, Pincus Pro Ed will provide any information an attorney needs to support their application for CLE approval in other states other than what is listed above.
Terms and Policies
Recording policy: No audio or video recording of any program is permitted.
Seminar Cancellations: Should you be unable to attend for any reason, please inform us in writing no later than 14 days prior to the event and a credit voucher will be issued. If you prefer, a refund, less a $50 non-refundable deposit, will be issued. No refunds or credits will be given for cancellations received within 14 days of an event. However, if you notify us within 14 days of an event, and wish to convert your in-person attendance registration to an Audio CD package (with handout), we can do so. A small additional shipping charge, and sales tax in CA, will be incurred. No shipping charge is incurred for downloads. We will also issue a voucher for the amount paid if you notify us within 14 days and prefer not to have the audio recording.
Substitutions may be made at any time.
Webinars, Tele-seminars and Webcast Cancellations: Once log-in codes and passwords are issued for a webinar, tele-seminars or webcasts, a refund is not possible. If for any reason you cannot attend the event after you have received the codes, we will automatically convert your registration to an instant streaming/instant download or CD format and provide you with the information you need to access the recording after the program concludes and the recording is available. Conversions to CD require a $7.50 shipping fee, and in CA, 9% sales tax.
Downloads/CDs/DVDs – Refund policy:
Downloads are non-returnable/non-refundable once purchased and received. Tapes, CDs and DVDs are returnable for a full refund or replacement if defective, within 90 days of purchase.
Reminder: The room temperature at hotels and other seminar locations are notoriously hard to control. Please bring a sweater or jacket in case it gets cold and/or layer as if you are going to the movies so you are comfortable.