Second Circuit Win for Firm’s Fairfield Greenwich Clients
08.13.14
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On August 8, the Second Circuit rejected the Madoff Trustee’s appeal seeking to enjoin the settlement between the Firm’s Fairfield Greenwich clients and their investors. The Trustee’s position was that the investors and the Trustee sought the same pool of funds from our clients, and the settlement therefore caused imminent harm to the Madoff estate. The panel sustained all of our arguments in opposition. The Trustee prosecuted a companion appeal seeking to enjoin a settlement by Merkin funds with their investors and the New York AG’s office, which was denied in the same opinion.
This opinion decided the third and last of the appeals of the Fairfield settlement with its investors, all of which the Firm won. Joining Mark Cunha and Pete Kazanoff on the briefs were Jeff Roether and Nick Davis. Mark argued the appeal.