Recovering Assets in Commercial Litigation: Analyzing Trends and Legal Theories
Over the years, asset recovery has become its own practice area, evolving to a more complex legal discipline that demands proficiency in civil, criminal, and criminal substantive and procedural laws. Asset recovery professionals commonly deal with cases involving victims of fraud, including individuals, businesses, financial institutions and even governments. In such cases, creditors may recover assets from a remote party other than the corporate debtor by utilizing several legal theories such as alter ego liability, piercing the corporate veil, and fraudulent conveyance. However, counsel for clients seeking to maximize recovery of assets must gather substantial evidence before attempting to pursue a remote party or remote assets.
Current trends also show the prevalence of transnational asset recovery. This demands professional capacities that will allow investigative and forensic services in multiple jurisdictions in a coordinated manner. Counsel may have to face several challenges which include obtaining personal jurisdiction in U.S. courts, ensuring that U.S. law is applied, and overcoming cross-border discovery among others.
Listen as a panel of distinguished professionals and experts organized by The Knowledge Group provide the audience with an in-depth discussion of asset recovery in commercial litigation. Speakers, among other things, will also discuss piercing the corporate veil and similar theories of law as well as multi-jurisdictional asset recovery.
Key topics include:
- Asset Recovery - An Overview
- Common Asset Recovery Cases
- Challenges in Recovering Assets
- Strategies for Successful Asset Recovery
- Theories of Law as Remedies
- Recovery Actions Against Foreign Entities
- Understanding your client’s position as a creditor, e.g., secured vs. unsecured, priority
- Identifying recoverable assets, cash vs. personal property vs. real property
- Procedural devices for collection, e.g., pre-judgment writs of attachment, post-judgment writs of execution, charging liens, wage garnishments
- Fraudulent conveyances
Greenbaum, Rowe, Smith & Davis LLP
- Considerations regarding the Uniform Commercial Code (“UCC”) in connection with Repossession of Assets
- Potential Counterclaims by Debtors
- The Defaulting Debtor: Obtaining and Perfecting a Default Judgment
Brutzkus Gubner Rozansky Seror Weber LLP
- Out of state plaintiffs having to post a bond at the outset of litigation;
- Defendant’s removal to federal court and risk of attorneys’ fees award for defendant.
- Defendant’s bankruptcy.
Who Should Attend:
- Asset Recovery Professionals
- Asset Management Officers
- Commercial Litigators
- Debtors and Creditors
- Fraud Analysts
- Fraud Executives
- Corporate Attorneys
- Corporate Debtors and Other Transferees
Rod is a Partner in the law firm of Windels Marx Lane & Mittendorf, LLP, resident in its New Brunswick, NJ office. He concentrates his practice in: commercial litigation;
banking matters, including asset recovery; real estate litigation; employment litigation; insurance coverage disputes; oppressed and deadlocked shareholder litigation;
tax appeals; and trademark infringement. Mr. Honecker regularly appears before state and federal courts in trials, administrative proceedings, arbitrations, mediations, and on motions and appeals. His clients include banks, insurance companies, retail chains, franchisors, real estate developers, information technology companies, manufacturers, and energy companies, among other institutional clients, as well as entrepreneurs and individuals. He received his JD from Rutgers University School of Law – Newark and his BA from Rutgers College. He is licensed to practice in New Jersey and New York, as well as the United States District Court for the District of New Jersey, the United States District Court for the Eastern District of New York, the United States District Court for the Southern District of New York, the United States District Court for the Northern District of New York, and the United States Court of Appeals for the Third Circuit. He can be reached at T: 732.448.2534 or E: firstname.lastname@example.org.
Rod is a Partner in the law firm of Windels Marx Lane & Mittendorf, LLP, resident in its New Brunswick, …
Ms. Reckord's litigation practice focuses on complex commercial litigation in federal and state courts. Her representation of clients includes matters in the areas of banking, employment, family law, trusts & estates, class action defense, consumer fraud, and commercial real estate. Ms. Reckord represents secured creditors in all aspects of asset recovery and foreclosure. Her experience also includes defending financial institutions from claims and counterclaims alleging lender liability based upon fraud, breach of contract, and breach of the implied covenant of good faith and fair dealing.
Ms. Reckord's litigation practice focuses on complex commercial litigation in federal and state courts. Her representation of clients includes matters …
As outside general counsel to businesses large and small, Nick Rozansky leverages his extensive litigation experience to advise clients on efficient and effective strategies. Whether in employment, intellectual property, real property or commercial matters, Nick brings substantial experience to his clients. As a litigator, Nick employs every tool that the civil courts and rules of civil procedure make available to successfully represent plaintiffs and defendants in all types of litigation. He seeks writs of attachment, writs of possession and/or injunctions to quickly resolve matters. On the defense side, he obtains favorable results for clients by frequently getting bogus fraud, and other intentional tort claims dismissed early. He cost effectively represents large institutional clients in matters worth billions of dollars, and small businesses and individuals in everyday business matters that require prompt and potent legal attention.
As outside general counsel to businesses large and small, Nick Rozansky leverages his extensive litigation experience to advise clients on …
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Method of Presentation:
Basic understanding of asset recovery
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About Windels Marx
Windels Marx is a full service law firm headquartered in New York City, with offices in New Brunswick and Madison, New Jersey, and Stamford, Connecticut. We have approximately 145 attorneys and provide services in more than 20 practice areas, the largest of which by volume of business are financial transactions, real estate, litigation, and bankruptcy. We serve a myriad of domestic and foreign clients, including banks and finance companies, insurance companies, manufacturers, non-profit entities, and government sponsored enterprises. Industry benchmarking surveys frequently cite Windels Marx and its lawyers, including (but not limited to): The Real Deal "7th largest real estate law firm in New York"; The New York Law Journal's "NYLJ 100: Largest Private Law Offices"; Best Lawyers; Best Law Firms; Forbes Legal Black Book; NJBiz's "Top Law Firms in New Jersey"; New Jersey Law Journal's annual ranking of NJ law firms; and Super Lawyers, among many others
About Greenbaum, Rowe, Smith & Davis LLP
Greenbaum, Rowe, Smith & Davis is a multi-practice law firm serving local, regional and national clients. As one of New Jersey’s leading law firms, the firm brings diverse and comprehensive expertise to the representation of both businesses and individuals. For over 100 years, the firm has earned the trust and loyalty of clients by providing sophisticated, creative and cost-effective representation through collaborative teamwork, proactive legal strategies, attention to detail and relationship-oriented service.
About Brutzkus Gubner Rozansky Seror Weber LLP
Brutzkus Gubner has extensive experience representing companies from a wide array of industries in corporate, intellectual property and litigation matters. Many of the firm’s attorneys are former bankers, accountants, business owners and professionals, who call upon years of experience to formulate a client’s best course of action. The firm frequently handles cases on behalf of leaders in the apparel, finance, retail, and entertainment industries, among others. In 2017, Brutzkus Gubner was again named among the “Best Law Firms in America” by the U.S. News & World Report.