The Estate's Potential Claims Against Management for Failure to Prevent Sexual Misconduct

Kenneth H. Brown

In this article (click below to access), Ken Brown discusses the claims the estate of an enterprise in bankruptcy may have against its management for failing to prevent or address sexual misconduct and summarizes the key considerations in evaluating such claims. This issue has recently come to the fore in the chapter 11 cases such as the Weinstein Company and USA Gymnastics.

This article was written for and originally appeared in Volume 35, Issue 3 of the American Bankruptcy Trustee Journal, a publication of the National Association of Bankruptcy Trustees (“NABT”), and is being reproduced with the consent of the NABT and the author. All rights reserved.