Civil Liability for Aiding and Abetting Commercial Fraud, Breach of Fiduciary Duty, and Other Business Torts
A live 90-minute CLE video webinar with interactive Q&A
This CLE webinar will provide guidance on the expanding scope and risks of civil liability for aiding and abetting another's actionable wrongs and offer strategies for preventing unsuspecting clients from getting trapped in avoidable litigation.
Outline
- Overview and history of aiding and abetting liability
- Substantive elements of civil liability for aiding and abetting
- Underlying actionable wrong
- Knowledge of the underlying wrong
- Effect of motive on knowledge analysis
- Reckless disregard and intentional ignorance
- Substantial assistance in perpetuating the wrong
- Affirmative actions
- Concealment
- Failing to speak when under obligation to do so
- Sliding scale: balancing level of assistance with amount of knowledge
- Causation
- Frequent defendants and factual scenarios
- Defenses
- Key cases
Benefits
The panel will explore these and other key issues:
- What constitutes knowledge of the primary wrong and what type of facts must be alleged to withstand a motion to dismiss?
- What are common defenses to aiding and abetting torts?
- What is the difference between aiding and abetting and conspiracy?
- Is the use of "atypical" banking procedures a critical signifier of "knowledge"?
- When can silence or a failure to clarify information amount to aiding and abetting?
Faculty
Benjamin R. Picker
Principal
Kaplin Stewart
Mr. Picker is a principal of the firm and a member of the Commercial Litigation Department. He is an accomplished... | Read More
Mr. Picker is a principal of the firm and a member of the Commercial Litigation Department. He is an accomplished litigation attorney with extensive experience in all types of civil litigation. Mr. Picker is known throughout the Philadelphia area for his thoughtful counsel to and forceful representation of clients in a broad range of legal disputes, including those relating to contracts, real estate and leases, mechanics’ liens, consumer protection, insurance, constitutional rights, securities, class actions, intellectual property, business law, creditors rights, and employment law. In addition to litigating, he counsels both family-owned businesses and multibillion-dollar corporations to ensure that they comply with all applicable laws and regulations, mitigate their risk, and otherwise protect their important legal and business interests. Mr. Picker regularly drafts, reviews, and negotiates contracts, including business contracts, employment agreements, HIPAA business associate agreements, and leases, and he counsels businesses and workers regarding complicated employment law matters.
Closeto be announced.
Early Discount (through 12/06/24)