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NY Fraud Ruling Shows High Bar To Prove Director Liability

March 31, 2020Law360

Do the directors who oversaw the fraudulent conveyance of a corporation’s assets face direct liability for it? Not unless the entities were shams and the directors exerted total dominion and control, according to Justice Andrew Borrok’s recent decision in Acacia Investments BSC(c) v. West End Equity I Ltd. in the New York Supreme Court's Commercial Division.

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