New York Court Reaffirms Strong In Pari Delicto Defense
29 October 2010
Mayer Brown Legal Update
The New York Court of Appeals has reaffirmed the common-law doctrine of in pari delicto as a bar against claims by corporate representatives against outside auditors who fail to uncover the corporation’s own wrongdoing. The Court had been asked to answer certified questions in two cases dealing with the scope of the doctrine, which acts as an affirmative defense under New York law.