International Asset Recovery: Preliminary Action and Claim Misconceptions

(202 Ratings)

Produced on: October 28, 2014

Course Format On Demand Audio

Taught by

Categories:

Course Description

Time 90 minutes
Difficulty Intermediate

A loss occurs. Misconduct is involved. What are the first decisions to be made for an institution or company to consider pursuing a claim?

 

In this program, attorney Eugene Becker from Becker Law, and Miller Thomson partner Douglas Best, discuss what is needed to pursue an international asset claim. The program begins by discussing uncontroversial steps that should be taken along with how to develop a well thought out strategy with an Asset Discovery and Asset Recovery focus. Next, Mr. Becker and Mr. Best explain and differentiate between the options that are available in Asset Discovery and Asset Recovery. The program concludes with major claim misconceptions and how to overcome these complexities. 

 

 

Learning Objectives: 

I.   Understand the prevailing issues where a loss occurs in a potentially multi-jurisdictional situation

II.  Recognize good decision making for future investigation and claim enforcement

III. Differentiate between asset discovery and asset recovery

 

Faculty

Eugene Becker

http://www.beckerlawny.com/

Eugene S. Becker is the senior principal of Becker Law in New York City.  He is admitted to practice before various courts in Australia and South Africa, and is licensed in New York under the Judiciary Law as a foreign lawyer.

Mr. Becker has been in legal professional practice since 1981 and has, throughout much of that time, been involved in multinational litigation and arbitration projects in the United States, Canada, Europe and Australia.

He develops recovery models and assists in their execution in a multijurisdicational context.  Mr. Becker has written and delivered many papers on multinational litigation, with particular emphasis on developing admissible discovery and recovery within a fraud context.

Professional Licenses

    * New York, Licensed Legal Consultant

    * Australia

    * South Africa

Education

    * Master of Comparative Law, University of Queensland, Brisbane, Australia, 1993

    * Bachelor of Laws, University of Cape Town, South Africa, 1980

    * Bachelor of Arts, University of Cape Town, South Africa, 1978

Memberships

    * New York Member, Association of European Attorneys

    * Past Member, Africa Committee, Association of the Bar of the City of New York

Douglas Best

Miller Thompson

Douglas Best has a broad commercial litigation practice with particular emphasis on corporate fraud, employment law, administrative law, regulatory law and general contractual claims and disputes.

 

Acting predominantly for corporations for more than 25 years, he has gained considerable knowledge and expertise in a range of industries including transportation, real estate and financial services.

 

Mr. Best also has particular expertise with respect to various injunction type proceedings, including those relating to the preservation and quick recovery of assets: Mareva injunctions, Anton Pillar orders and Norwich orders.

 

Mr. Best is result-oriented and is committed to providing well-reasoned counsel.  He has also written and spoken on various issues over the course of his career, most notably for the transportation industry on defending claims against carriers and for those clients seeking to recover assets taken in fraudulent circumstances.

 

In addition to being a senior partner of the firm, Doug was also the firm's former General Counsel, and a former member of Miller Thomson’s National Executive Committee.

 

Directorships

  • Vice-Chair of the Board of Directors, The Canadian Centre for Diversity (Formerly the Canadian Council for Christians and Jews)
  • Director, The Canadian Transport Lawyers Association

 

Memberships

  • Canadian Bar Association 
  • Ontario Bar Association
  • Toronto Lawyers Association 
  • The Canadian Transport Lawyers’ Association
  • The (American) Transportation Lawyers’ Association
  • The Advocates’ Society
  • Association of Certified Fraud Examiners - Toronto Chapter
  • The Association of Certified Forensic Investigators of Canada

 

Education

  • LL.B., University of Western Ontario, 1981
  • University of Western Ontario, 1978

 

Publications

  • Getting the Deal Through, Asset Recovery (Canadian Chapter), 2014
  • Winning for the Carrier: Avoiding the Palm Tree (Again), The Canadian Transport Lawyers' Association Annual Convention, 2013
  • Norwich Orders: a Tool for Tracing and Protecting Assets When Having Fallen Victim to Fraud, Corporate Liability, 2011

Reviews

RS
Robert S.

Interesting material definitely raises caution flags

VR
Vladimir R.

Extremely interesting, thorough and worthwhile

MT
Michael T.

good topic

PM
Paul M.

Knowledgeable speakers on an interesting and complex topic.s

AC
Alison C.

Great seminar.

SL
Susan L.

I think with these presenters, a longer time would have been a good idea- I will be attending at least the next seminar!

EH
Eric H.

I enjoyed the speaking talent of the attorneys.

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