Citibank denies charges that it concealed Dewey’s financial troubles from partners

Former partner Steven Otillar accused the bank of colluding with Dewey’s management to entice partners to enroll in a loan program

Citibank is denying allegations that it fraudulently induced former Dewey & LeBoeuf partners to sign up for a capital loan program by hiding the firm’s precarious financial condition.

Former Dewey partner Steven Otillar made the claims last month, after the bank sued him for defaulting on a $207,000 loan that he had taken out to finance his initial capital contribution to the firm. According to Citi, the loan agreement included a provision that triggered default of the loan if Otillar left Dewey or the firm collapsed. After Dewey declared bankruptcy in May, the bank sued Otillar for failure to repay his loan.

Otillar fired back with a court filing accusing the bank of conspiring with Dewey management to cover up the firm’s monetary struggles and entice partners into the loan program, purportedly so Citibank could reduce its own losses resulting from Dewey’s impending collapse. In the filing, Otillar argues that Citibank had a fiduciary duty to disclose Dewey’s financial woes to prospective partners.

Citibank, however, says that the disgruntled partner has no hard evidence to back up his claims. In a court filing Wednesday, the bank added that Otillar himself was responsible for investigating Dewey’s financial condition and that Citibank had no fiduciary duty to reveal confidential information about the firm’s finances.

"Having failed to ensure that the firm's finances were in order, Otillar cannot now be heard to complain that he was defrauded by Citibank for failing to disclose the firm's allegedly deteriorating financial condition," Citi’s filing said.

Read more at Thomson Reuters.

For more InsideCounsel coverage of Dewey’s collapse, see:

Former Dewey partner accuses Citibank of concealing firm’s financial troubles

Dewey asks court to approve $70 million clawback settlement

Analyzing Dewey’s latest operating report

Infographic: The timeline of Dewey’s downfall

Bankruptcy judge OKs most of Dewey’s $700,000 bonus plan

Former Dewey partner sues management, claims they were “running a Ponzi scheme”

Comments

InsideScoop Daily eNewsletter

InsideScoop delivers the latest-breaking news affecting in-house counsel. Get the latest business trends, current corporate litigation, labor developments, technology initiatives and more — FREE. Sign up now!

You have been subscribed! You will receive a confirmation email soon.

See the entire list of InsideCounsel eNewsletters.

Resource Library


Bring the Benefits of Decision Tree Analysis to Your Everyday...

In this on-demand webinar, learn how to counter the challenges of litigation with predictive analytics...

13 Things to do Now to Reduce Risk and Avoid...

We have developed best practices for lowering your e-Discovery costs, shortening the length of your...

7 Simple Strategies for Improving Legal Fee Budgeting Certainty

Understanding the legal fee budgeting paradigm and following seven simple strategies will help you control...

Complimentary White Paper: Best Practices for Meeting Critical eDiscovery Challenges

Packed with practical advice, this white paper discusses best practices for meeting eDiscovery challenges across...

Complimentary White Paper "Key Considerations for Collection Methodologies and Resources"

This white paper addresses the need for companies to reevaluate their current collection policies in...

Moving Matters In-House: How Technology Enables Legal In-Sourcing

Strategically shifting more matters to in-house counsel has proven to be an effective strategy to...

5 Ways to Promote Responsible Content Sharing

Find out five ways that organizations can promote responsible sharing of content among employees by...

Reducing the Costs of eDiscovery from Collection to Court!

Predictive coding is only one of many ways organizations can make eDiscovery faster, cheaper and...

Discovery Shifts to the Cloud

Adoption of Cloud computing continues to gain momentum. How can IT and Legal Teams avoid...

Lower Your Total Cost of Ownership

With the deployment of Proofpoint Enterprise Archive, organizations have realized significant cost savings in automating...

View All »

Advertisement. Closing in 15 seconds.