Good Faith Affirmative Defenses Waiving Attorney-Client Privilege and Work-Product Protection Under the “At Issue” Doctrine

On May 8, 2017, the U.S. Bankruptcy Court for the Middle District of Florida entered an order compelling production of attorney-client communications between Regions Bank and its counsel, finding that Regions had put those communications “at issue” by raising a good faith affirmative defense under 11 U.S.C. § 548(c) in response to a fraudulent transfer claim brought against it. Welch v. Regions Bank (In re Mongelluzzi), No. 8:14-ap-00653-CED (Bankr. M.D. Fla. May 8, 2017), ECF No. 319 (Delano, J.) (herein Mongelluzzi).

Filed under:
USA, Insolvency & Restructuring, Litigation, Buchanan Ingersoll & Rooney PC, Federal Reporter, Work-product doctrine, Attorney-client privilege, Good faith, Prejudice, Supreme Court of the United States, Second Circuit, United States bankruptcy court, Eleventh Circuit, US District Court for Middle District of Florida
Authors:
Frank Harrison , John D. Emmanuel
Location:
USA
Firm:
Buchanan Ingersoll & Rooney PC
Third-Party Injunction Precludes Securities Claims Against Alleged Madoff Co-Conspirators

On January 24, 2017, victims of Bernard Madoff’s Ponzi scheme lost their appeal of a bankruptcy court decision barring them from suing an alleged Madoff co-conspirator because of a third-party injunction contained in a settlement between the alleged co-conspirator and the Trustee liquidating Madoff’s scheme. See A & G Goldman Partnership v. Capital Growth Company (In re Bernard L. Madoff Investment Securities LLC), 565 B.R. 510, 514-515 (S.D.N.Y. Jan.

Filed under:
USA, Insolvency & Restructuring, Litigation, Buchanan Ingersoll & Rooney PC, Injunction, United States bankruptcy court
Authors:
Frank Harrison
Location:
USA
Firm:
Buchanan Ingersoll & Rooney PC