Cross-Border and Insolvency Litigation

Cross-border insolvency disputes are among the most complex cases in commercial litigation. They demand command of multiple legal systems, sophisticated financial structures, and the strategic coordination of parallel proceedings across jurisdictions. From the outset of every engagement, we map the factual and jurisdictional landscape, identify the governing legal frameworks—domestic and foreign—and build claims designed to withstand attack and succeed at trial. We understand how foreign insolvency laws interact with U.S. procedures. And we know how to frame these claims to avoid the traps that derail international litigation. For instance, our litigation against the former auditor of an offshore fund produced a significant appellate victory in the Appellate Division of the Supreme Court of the State of New York, First Department, which held that in pari delicto did not bar the liquidators’ audit malpractice claims

We continue to be a leading firm in pursuing avoidance and related claims under foreign law in the United States. We also prosecute claims under U.S. law on behalf of offshore liquidators. Utilizing claims under foreign and U.S. law, we have obtained significant recoveries against law firms, auditors, banks, and other third parties.

Chapter 15 is a cornerstone of our practice—and a powerful weapon in our arsenal. We regularly secure recognition on behalf of offshore liquidators, often through alternative-fee or contingency-fee arrangements. Once recognized, we deploy the full range of discovery tools available in bankruptcy court to obtain documents, analyze transactions, and trace assets. Recognition is not the endgame. It is the opening move.

Our attorneys have also served as U.S.-law experts in foreign proceedings, helping courts and fiduciaries navigate the American legal issues that shape international recoveries.