New York’s Appellate Division, First Department, has unanimously affirmed the dismissal of fraudulent transfer claims against two of Whitman Breed’s overseas clients, holding that they were not subject to suit in New York. The plaintiff – a major German bank – claimed that the Firm’s clients had received illicit transfers of foreign assets worth more than $150 million. The First Department held that New York’s courts lacked jurisdiction because none of the alleged transfers took place in New York or involved New York assets. The decision affirms Whitman Breed’s earlier victory in the trial court, which had similarly dismissed the suit on jurisdictional grounds. The First Department appeal was argued by Tom O’Connor, with Charlie Pieterse and Wyatt Jansen assisting on the brief.
