Directors and Officers Defense

Eaton & Van Winkle has successfully handled claims against company directors and officers running the gamut from derivative actions to claims for breaches of fiduciary duties, self-dealing, and usurpation of corporate opportunities, as well as claims for alter ego liability and claims to pierce the corporate veil. The firm’s attorneys have represented directors and officers in state and federal courts throughout New York, as well as in arbitrations and before appellate courts. Clients in need of a corporate defense attorney have found security in our extensive experience representing companies, substantial equity holders and trustees in claims against former and current company directors and officers sounding in fraud, breach of fiduciary duty, negligence, securities fraud and violations of the RICO statute. The breadth of experience our attorneys possess makes us well-suited to handle all varieties of D&O claims.

Our attorneys have succeeded in obtaining the dismissal at the pleading stage of high-profile charges in federal court seeking in excess of $600 million against a bank officer accused of market manipulation through alleged mis-structuring of swap agreements, the dismissal at the pleading stage of $60 million RICO claims in state court against the Chairman and CEO of one of Europe’s largest energy companies, dismissal at the pleading stage of an action by the former owners of an international construction business seeking more than $1 billion from a major Asian holding company to which the business had been transferred by government decree, while the action continued for years against other defendants.

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