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Director & Officer, Fiduciary Liability and Professional Negligence

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 duty of loyalty, breach of contract and fraud.

Bast Amron lawyers are experienced in representing trustees, receivers 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.

Representative Cases:

  • 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. Bast Amron LLP attorneys successfully 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. Bast Amron LLP attorneys 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 Chapter 7 Trustee of AA Florida Bridal Retail Company, LLC, et al, asserting claims against the former officers and directors of the company, which will result in a recovery $2 million for creditors (pending Court approval);
  • Special litigation counsel to the Trustee of the Creditor Trust of ATIF, Inc., asserting claims against the former officers and directors of the Debtor, which will result in a recovery of $2.25 million for creditors (pending Court approval);
  • Special counsel to State Court Appointed Receiver of Papa Washington, LLC and P.J. Sound Pizza, LLC, a failed franchisee with 20 locations in and around Seattle, Washington, currently prosecuting breach of fiduciary duty claims against the former directors and officers; and
  • Special counsel to Chapter 7 bankruptcy trustee of MFPI Group, Inc., a travel services business, currently investigating and prosecuting 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