When litigation meets crime

28 Jan - 30 Jan 2026

Session information

Insolvency and crime: the liability of board members

Thursday 29 January (1345 - 1500)

Committee(s)

Business Crime Committee (Lead)
Criminal Law Committee (Lead)
Litigation Committee

Description

Board members are often required to make difficult decisions when their companies face financial distress or enter an insolvency zone. In such circumstances, the fiduciary duties of directors are typically under great scrutiny, particularly in bankruptcy proceedings, in the context of which investigations into the potential civil and criminal liability of officers and board members are not uncommon. This panel will explore the intersection of insolvency and the potential criminal liability of board members, with a focus on common pitfalls and practical approaches for board members navigating their companies through financial distress.

Session / Workshop Chair(s)

Guilherme Fontes Bechara Demarest Advogados, São Paulo, Brazil; Vice Chair, Legislation and Policy Subcommittee
Sabine Ten Doesschate Sjöcrona van Stigt, Rotterdam, Netherlands; Co-Chair, Criminal Law Committee

Speakers

Carolina Kiyomi Iwamoto Pinheiro Neto Advogados, São Paulo, Brazil
Amit Jajoo Trilegal, Mumbai, Maharashtra, India
Emmanuel Moyne Bougartchev Moyne Associes, Paris, France; Membership Officer, Criminal Law Committee
Andrea Puccio Puccio Penalisti Associati, Milan, Italy