We have represented liquidators appointed in England, the Channel Islands, Hong Kong, Luxembourg, Bermuda, the Bahamas, the British Virgin Islands, the Cayman Islands, Kuwait, the United Arab Emirates, and other jurisdictions, including—for 15 years—those of the Bank of Credit and Commerce International.
Our expertise in developing and coordinating cross-border strategies to identify and collect assets, to protect estates and assets from dissipation, and to resolve jurisdictional disputes helps us save our international insolvency clients significant time and treasure.
We also represent offshore liquidators in often complex U.S. bankruptcy proceedings, knowing how to preserve the status quo, enjoin U.S. litigation, protect or obtain U.S. property and assets, and compel or resist discovery from U.S. companies and individuals.
We assist liquidators in recovering funds through litigation and negotiation, representing them in suits against corporate insiders, auditors, bankers, and attorneys and recovering funds lost through theft, breach of fiduciary duty, malpractice, and fraud.
In the News
Who's Who Legal has recognized four Lewis Baach Kaufmann Middlemiss lawyers as leading asset recovery practitioners in its 2022 guide.August 2022
- Supreme Court Narrows Reach of Section 1782 Discovery Tool: Private Arbitrations Are Not Foreign or International Tribunals for Purposes of the Statute
The United States Supreme Court concluded in ZF Automotive US, Inc. v. Luxshare, Ltd. that federal district courts cannot order discovery for use in a private foreign arbitration via 18 U.S.C. § 1782—a statute that permits litigants to seek discovery in federal court for “use in a proceeding in a foreign or international tribunal.” The unanimous decision narrows a useful discovery tool by prohibiting parties in or contemplating private, foreign arbitration from obtaining discovery through federal courts for use in that arbitration.June 14, 2022
Lewis Baach Kaufmann Middlemiss PLLC is pleased to announce that John Moscow has been named to the 2021 New York Super Lawyers list. Each year, no more than five percent of the lawyers in each state are selected to receive this honor. In addition, A. Mackenna White has been named to the 2021 New York Rising Stars list. Each year, no more than 2.5 percent of the lawyers in the state are selected to receive this honor.September 30, 2021
Who's Who Legal recognized four Lewis Baach Kaufmann Middlemiss lawyers as leading asset recovery practitioners for 2021.August 2021
Six LBKM professionals have been selected to the 2019 New York and Washington, DC Super Lawyers lists - an honor limited to 5 percent of the lawyers in each state. In addition, one LBKM professional has been selected to the 2019 New York Rising Stars list.October 2019
Katherine Toomey was interviewed about renewed Chamber of Commerce efforts to obtain disclosure of third party funding arrangements for litigation. She noted that the process of obtaining funding can be helpful “because oftentimes you are engaging in a real testing of the strength of the case. . . You have people who are very knowledgeable and are interested in making sure they're making a good investment, asking you some very hard questions about the weakest parts of your case. So the cases that make it through are stronger for the process."Law360, June 21, 2017
The Appellate Division, First Department, recently affirmed the dismissal of various claims brought by New Greenwich Litigation Trustee, successor to the claims of two feeder funds in the Bernard Madoff affair, against various third-party fund administrators, accountants and auditors.New York Law Journal, November 16, 2016
The U.S. Supreme Court ruled Thursday that Puerto Rico and the U.S. government may not prosecute individuals for the same crimes in a case that tested the limits of the territory's sovereignty, an issue that has become increasingly urgent as the commonwealth has struggled with a massive debt problem.Law 360, June 9, 2016
- Law360, October 1, 2015
- The Deal Pipeline, February 22, 2012
- The lawyer behind a $1 billion cross-border suit against Goldman Sachs following the sub-prime mortgage crisis praises the merits of bringing major commercial cases in the United States.February 3, 2012
- Saudi Arabia’s most high profile legal battle indicates just how dangerous the world’s capital markets remain a decade after Sept. 11, 2001.Trends Magazine, September 11, 2011
- The National, March 13, 2011
- The Washington Post, February 13, 2011
- The Australian Financial Review, June 11, 2010
- Reuters, June 10, 2010
- An Australian hedge fund has launched a billion dollar lawsuit alleging Goldman Sachs knowingly sold it dud investments.ABC News, June 10, 2010
- Huffington Post, June 9, 2010
- Goldman Faces $1 Billion SuitBasis Capital Cites 'False Representations' in Collapsed CDO; Abacus Factor?Wall Street Journal, June 9, 2010
- The Lawyer, May 18, 2009
Publications, Presentations & Events
The coronavirus pandemic has not only caused untold misery, it has forced the virtual shutdown of the global economy. Everyone hopes that this crisis will pass, but events have shown there is a false choice between mitigation and resumption of economic activity. Mitigation, with testing and social distancing, must be done to avoid wave after wave of disease, which will only lead to rolling cessations of economic activity. Given the economic dislocation occasioned by this global crisis and that it is likely to continue for at least a few more months, we can anticipate that many businesses will fail, and others will require time and help to restore financial health and operations. There is little doubt that innumerable global businesses will need the protection of an organized and coordinated insolvency and reorganization process as soon as this crisis is over. The time for them to begin planning is now.April 24, 2020
- April 23, 2013
- Annual Review - Financier WorldwideApril 2012