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FORMER CEO AND PRESIDENT OF MAJOR SPORTSWEAR COMPANY
Berger Singerman attorneys represented the former CEO and President of a major sportswear company in connection with two separate lawsuits: one by the shareholders of the company alleging securities violations, and another that was first filed by the Unsecured Creditors Committee in the company’s Chapter 11 case. The Creditors Committee alleged that the former officers and directors breached their fiduciary duties of care and loyalty to the company and sought damages in excess of $89 million. Both cases resulted in a quick and very favorable settlement for the client, with the settlements being paid completely from the primary D&O policy, and a second layer of excess coverage.

FORMER CFO OF DELAWARE-BASED COMPANY
Berger Singerman attorneys represented the former CFO of a public company based in Delaware, and many of its related entities in connection with two lawsuits: one brought by the liquidating trustee of a plan confirmed by the Bankruptcy Court, and a second one brought by the debtor’s lenders. Both lawsuits involved alleged breaches of fiduciary duties, misrepresentations, fraud, and other allegations of wrongdoing. The amount of the secured creditor’s claim when the bankruptcy cases were filed was $243 million. Berger Singerman attorneys moved to dismiss both lawsuits on behalf of the CFO, which led the Plaintiffs to voluntarily dismiss both lawsuits, with prejudice, with no funds being paid from the D&O insurance policies.

FORMER OFFICERS AND DIRECTORS OF MAJOR CRUISE LINE
Berger Singerman attorneys represented five former officers and directors of a major cruise line in connection with an adversary proceeding that was instituted by the Liquidating Trustee appointed as part of the confirmation of a confirmed Chapter 11 Plan. The Plaintiff asserted causes of action for breach of fiduciary duty, fraud, Federal RICO, under Florida Deceptive and Unfair Trade Practices Act, fraudulent and negligent misrepresentation, various conspiracies, and unjust enrichment, and was seeking in excess of $100 million in damages against the directors and officers. Ultimately, the case settled shortly after answers were filed in response to the Plaintiff’s Third Amended Complaint, with the insurance carrier paying the settlement amount from the proceeds of a D&O policy.

FORMER OFFICERS AND DIRECTORS OF MAJOR STAFFING COMPANY
Berger Singerman attorneys represented eight former officers and directors of a major staffing company in an adversary proceeding that was instituted in Bankruptcy Court by the Chapter 7 Trustee of the staffing company. The Trustee was seeking in excess of $15 million alleging that the directors and officers breached their fiduciary duties to the staffing company under Florida law. After careful strategizing and excellent execution, Berger Singerman attorneys reached a favorable resolution on behalf of the directors and officers that resulted in the insurance carrier paying the plaintiff from the proceeds of the D&O policy.

FORMER OUTSIDE DIRECTOR OF HEALTHCARE COMPANY
Berger Singerman attorneys represented former outside director of a Delaware healthcare company that provided rehabilitation, pharmacy, medical equipment, and home health services, in an adversary proceeding brought by the Chapter 7 trustee. The Plaintiff was seeking damages in the amount of $45 million and alleged that the directors and officers of the company breached their duty of care to the company by taking unnecessary risks when the company was allegedly grossly undercapitalized. We successfully had the Bankruptcy Court dismiss the Trustee’s complaint, with prejudice.

FORMER RADIO STATION OWNER
Berger Singerman attorneys represented a 3% owner of a major radio station after he was terminated without being paid his stock distribution. Notwithstanding a vigorous defense by the radio station, Berger Singerman attorneys successfully proceeded against the radio station through trial and obtained a substantial jury award in the shareholder’s favor.

LIMITED PARTNERS IN DISPUTE OF THREE PARTNERSHIPS
Berger Singerman attorneys represented limited partners of three partnerships who were being defrauded by the general partner, and strategically forced the partnerships into involuntary bankruptcies where we were able to force the sale of the properties and successfully obtain the lion’s share of all sale proceeds.