Diamond McCarthy is one of the most sought-after law firms to guide clients through complex fiduciary litigation with considerable dollar amounts at stake. Our team of seasoned trial lawyers has resolved numerous cases involving fiduciaries that are legally obligated to serve the best interests of their corporate or individual beneficiaries and exercise the highest degree of good faith, care and loyalty while fulfilling their duties.
Our fiduciary litigation practice is comprised of a significant range of disputes where professional malpractice and business torts arise in the corporate setting. Diamond McCarthy built its reputation on being fearless and conflict-free to pursue massive cases where “who and what killed the company” is a common theme. This became a household phrase that was used throughout the industry to describe cases of considerable size and scale when there is no longer a company to “bet the house.” In virtually every case, misconduct by company fiduciaries and professionals takes center stage, typically in connection with failed corporate transactions and/or various types of financial fraud.
Our team also handles a number of fiduciary litigation matters concerning the administration of estates and trusts, from high-stakes will contests to claims alleging misconduct by estate and trust fiduciaries.
Fiduciary Litigation in Bankruptcy and Insolvency Scenarios
Trustees, liquidators, creditors’ committees, corporations, CRO’s, financial entities, shareholders and other clients rely on Diamond McCarthy to resolve complex litigation arising from large-scale corporate insolvencies and other financially-distressed situations. Our team has substantial experience dissecting the sequence of events that resulted in a company’s failure, identifying culpable parties and pursuing all available damages through asset recovery, negotiations and tenacious advocacy in the courtroom.
Investigating what led to a company’s demise is an extremely challenging and time-intensive process. Key witnesses have left the company and relocated, thousands of important records are stored in warehouses and electronically, and the trail often goes across the U.S. and abroad. The process is even more difficult when fraudulent schemes, gross negligence and other unlawful activities triggered the company’s collapse, and the responsible parties went to great lengths to cover their tracks of ill-gotten gains.
As we uncover wrongdoing by company fiduciaries, we are methodical and highly effective at ensuring they are held accountable while recoveries are achieved. Our lawyers have significant experience handling cases involving director and officer misconduct that contributes to corporate insolvencies, from negligence, breach of fiduciary duties, self-dealing and conflicts of interest to intentional wrongdoing such as Ponzi schemes, fraudulent transfers and misappropriation of assets.
We also prosecute malpractice claims against professionals that commit misdeeds and become entangled in these situations, including auditors and accountants, lawyers, asset and solvency valuation firms and banking professionals that advise on financial transactions, investments and valuations. Our team has resolved litigation concerning every type of professional misconduct, including when they are complicit in illegal transactions, look the other way, are careless in failing to detect wrongdoing or provide negligent advice, opinions or services.
Fiduciary Litigation Arising from Corporate Transactions
Directors and officers are obligated to exercise the highest degree of care while engaging in corporate transactions and to hold the best interests of the company and shareholders above their own. We have extensive experience representing shareholders in derivative, class and mass actions to recover damages from corporate insiders who breach their fiduciary duties, self-deal, have conflicts of interest or commit negligence in connection with all types of high-value financial transactions, including mergers, acquisitions, asset dispositions and business or asset spin-offs.
Corporate Fraud Litigation
A flagship for Diamond McCarthy has been our ability to act as lead counsel or play a major role in high-profile corporate fraud cases that often involve billion-dollar-plus amounts and capture headlines around the world. Our strong track record in commercial litigation and insolvency-related disputes covers the gamut of fraud perpetrated by corporate fiduciaries and professional advisors, including Ponzi schemes, misappropriation of assets, embezzlement, accounting irregularities, fraudulent transfers, securities fraud and money laundering.
Probate and Trust Litigation
Our Probate & Trust Litigation team represents executors, administrators, trustees, beneficiaries, business entities and other parties in a wide array of fiduciary litigation concerning the administration of high-value estates and trusts. These complicated matters include will contests with substantial assets at stake and disputes concerning alleged misconduct by estate and trust fiduciaries, such as breach of fiduciary duties, fraud, self-dealing, conflicts of interest and mismanagement or misappropriation of assets.
We also handle a variety of other fiduciary matters, including suits to remove executors and trustees, modification and accounting proceedings, disputes over the ownership and control of family-owned and closely held businesses, and litigation involving guardianships, conservatorships and agents acting under powers of attorney.