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Onshore Litigation Options for Offshore Funds

Since the advent of the credit crisis, offshore funds have taken ever greater advantage of the benefits of US litigation. These include the relaxed pleading standards in comparison to Commonwealth jurisdictions, the benefits of the liberal discovery system in the US, reduced legal fees as reflected both in the lower nominal rates when compared to QCs, as well as the lower preparation costs compared to UK style litigation, and the enhanced leverage for settlements stemming from the "American Rule" that each party bears their own costs regardless of outcome.

Specifically, onshore litigation has become the favored tool of many offshore liquidators seeking to bring claims against former fund managers, litigate fraud and negligence claims against third-party professionals, seek clawbacks from LP investors, or simply use the US as a favorable litigation forum for international claims when funds have passed through the US financial system.

In this session, the following topics will be covered: 

  • Jurisdiction and choice of law issues for offshore funds litigating in the US;
  • Claims available to offshore funds for use against third-parties;
  • Avoidance of the In Pari Delicto doctrine;
  • When to seek Chapter 15 status;
  • The costs and benefits of bankruptcy protection;
  • Section 1782 Petitions for discovery; and
  • Enforcement and execution of judgments in the US.
Speakers
Jonathan Sablone

Partner, Nixon Peabody
Colette Wilkins

Partner, Walkers (Cayman Islands)
Recorded Live On

3:00 PM - 4:00 PM, May 05, 2014

Conference Playlist

David Marchant

Opening Remarks

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Burke Files, Tim Ridley, Jack Blum, James McConvill, Dan Reeves

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Edward Davis, Jr., Edward Bannister QC, Neville Adderley, Ian Kawaley

Tax, Fraud, & Finance: Offshore Judges Discuss Key Rulings at Their Courts

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Gonzalo Jalles, Glenford Malone, Joe Kraus

Beneficial Ownership Registries: An Update

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David Marchant, Carlo Fedrigoli, James Pomeroy

How to Identify Investment Frauds & Reduce Your Liability

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Jonathan Sablone, Partner, Colette Wilkins

Onshore Litigation Options for Offshore Funds

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Christine Duhaime, Partner, Nicolas Christin

Bitcoin & Financial Crime: An Analysis

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Paul Dennis QC, Nicholas Fox, Hugh Dickson

When Onshore-Offshore Liquidations Collide: How are Assets Divided?

Watch Now May 5, 2014  

Brent Fuller, Dan Duguay, John Evans, Martin Bridger

Inside the Cayman Islands: The 'Operation Tempura' Affair

Watch Now May 6, 2014  
 

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