Diamond McCarthy is well-known for holding corporate directors and officers accountable when they engage in misconduct that triggers a company collapse, make negligent decisions that cause significant financial harm, or fail to put the best interests of the company above their own. Few law firms can match our forensic skills and trial experience in the most demanding fraud and breach of fiduciary duty cases, typically involving numerous parties and witnesses, carefully-concealed schemes that may cross-borders in multiple relating proceedings in the U.S. and abroad.
We represent trustees, international liquidators, creditors’ committees, financial entities, shareholders and other clients in litigation arising from high-profile corporate insolvencies and other financial distress scenarios. These cases invariably focus on alleged wrongdoing by directors and officers that many law firms are not inclined to or are disqualified from suing due to conflicts.
We are hired because of our ability to come into these complex situations conflict-free and take a fearless approach to solving difficult problems. Diamond McCarthy regularly prosecutes claims against corporate insiders and other culpable parties and executes various strategies to retrieve stolen assets and maximize recovery of damages through litigation and negotiations.
We have guided clients to positive outcomes in challenging insolvency-related litigation, shareholder derivative suits and other commercial disputes covering virtually every type of misconduct by directors and officers, including:
- Breach of fiduciary duties, self-dealing, conflicts of interest and mismanagement of company assets
- Fraud and other intentional misconduct, including Ponzi schemes, fraudulent transfers, misappropriation of assets, securities fraud and money laundering
- Breach of fiduciary duties or negligence in connection with mergers, acquisitions, asset dispositions and other significant financial and commercial transactions
- Negligence in corporate governance and decision-making
Most companies have Directors & Officers Liability Insurance to limit their exposure when directors and officers engage in wrongdoing, which often involves many levels of coverage. Our team helps clients navigate the complicated insurance issues that arise in litigation, including evaluating the existence and limitations of coverage, negotiating with insurance carriers and advocating aggressively in the courtroom when they refuse to honor the policy.
Our Investigation and Forensic Capabilities
Highly advanced investigation and forensic capabilities are the hallmark of Diamond McCarthy’s practice. We use a variety of legal and accounting forensic tools to answer the most important questions at the heart of every case – what happened to the company’s money, was there any wrongdoing, who was responsible, and can we get the money back?
We have staffed our team with lawyers that have strong backgrounds in accountings, fraud examination, and finance. This experience helps us analyze complex transactions and financial documents more efficiently and discover the negligence or hidden fraud that harmed the company.