Representative Cases

G&E represents the Co-Liquidating Trustees for the Appvion Liquidating Trust against Appvion’s former directors and officers alleging breach of fiduciary duties, unlawful dividends, fraudulent transfers and avoidable preferences. G&E won reversal by the Seventh Circuit Court of Appeals of the District Court’s dismissal of the breach of fiduciary duties and unlawful dividends claims based on ERISA Preemption. The Seventh Circuit held that ERISA does not preempt claims against the directors and officers and permitted pursuit of damages for harm to the corporate enterprise and its creditors. The action has been remanded and the case is proceeding to trial.