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Loopholes to Liability: Beating Corporate Evasion Tactics

Master how to challenge corporate tactics like fake bankruptcies and forced arbitration. Secure just outcomes and maximize client recovery in complex tort cases.

Created byNYS Academy of Trial Lawyers
BeginnerUpdated Aug 7, 2025
Loopholes to Liability: Beating Corporate Evasion Tactics

What You'll Learn

check_circleIdentify corporate evasion tactics in litigation.
check_circleLearn methods to outsmart forced arbitration.
check_circleUnderstand strategies for countering record sealing.
check_circleChallenge improper privilege assertions effectively.
check_circleAnalyze corporate bankruptcy as a liability shield.
check_circleDevelop approaches against fraudulent bankruptcies.

About This Course

Join our panel for a discussion on the latest tactics corporations use to evade tort liability and conceal misconduct — and the strategies plaintiffs can use to fight back.

Topics will include: forced arbitration, illegitimate corporate bankruptcies, and overbroad confidentiality/protective orders.

  • Explore effective strategies for avoiding forced arbitration, understanding its negative impact on plaintiffs, and identifying scenarios where it can be bypassed.
  • Master the nuances of protective orders and sealing court records, including how to challenge overly broad confidentiality designations and resist automatic sealing to ensure public access to crucial information.
  • Uncover the truth behind corporate bankruptcy evasion tactics, dissecting novel approaches like the "Texas Two-Step" and leveraging recent Supreme Court decisions to defeat fraudulent bankruptcies.

Delivered by leading experts, this course equips you with the knowledge and practical tools to effectively litigate against powerful corporate defendants, ensuring transparency and accountability in the pursuit of justice.

Your Instructors

NYS Academy of Trial Lawyers
NYS Academy of Trial Lawyers
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The NYS Academy of Trial Lawyers is the largest statewide trial bar in the US with 5,700+ lawyer and judge members. We are committed to protecting, preserving and enhancing the civil justice system. Our highly acclaimed CLE programming features extraordinary presenters covering the most timely and important topics.

Avery  Halfon, Esq.
Avery Halfon, Esq.

Partner at Lieff Cabraser Heimann & Bernstein

Avery Halfon is a partner in Lieff Cabraser's New York office, where he represents victims of corporate greed and negligence, typically in nationwide mass torts and class actions. He has assisted plaintiffs' leadership in litigating the multidistrict litigation involving opioids, 3M earplugs, hair relaxers, and Camp Lejeune. He also works on class actions and other aggregate litigation involving consumer fraud, defective products, environmental harms, and sexual abuse. He has frequently litigated against corporations attempting to evade liability through abusive bankruptcy tactics, arbitration, and other strategies unrelated to their misconduct.

Rayna  Kessler, Esq.
Rayna Kessler, Esq.

Partner at Robins Kaplan LLP

Rayna is a partner in the NYC office of Robins Kaplan LLP and Deputy Chair of the firm's National Mass Tort Group. She specializes in navigating complex civil and multivenue litigation, including products liability, medical malpractice, and pharmaceutical and medical device litigation. She is often at the forefront of emerging legal battles, such as the Benicar multidistrict litigation, and is also widely recognized for her advocacy on behalf of survivors of child sex abuse against large institutions, including the Catholic Church and the Jehovah's Witnesses. Rayna was also recently appointed as MDL Liaison Counsel for Exactech's knee, hip, and ankle replacement device litigation, which is currently pending in the Eastern District of New York.

Craig  Silverman, Esq.
Craig Silverman, Esq.

Partner at Sullivan Papain Block McManus Coffinas & Cannavo P.C.

Craig is a Partner and the Mass Torts Practice Chair at SPBMCC. He joined the firm at the beginning of 2019 after spending more than a decade litigating cases with a large personal injury law firm in Baltimore, Maryland. Craig has achieved excellent results in a variety of complex civil matters, ranging from multi-plaintiff toxic tort litigation to individual product liability and medical malpractice cases. Craig presently holds leadership positions in the GLP-1 (Ozempic) and Exactech Knee and Hip product liability litigations, and represents individuals and entities in various PFAS exposure litigation.

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Frequently Asked Questions

We are a registered provider with 327+ associations and regulatory bodies worldwide. We operate across 29 global markets including Canada, the US, Australia, and the UK. Every course page clearly displays its specific accreditations. Upon completion, you receive a professional certificate that can be validated online. Our certificates include all necessary accreditation details, credit hours, and completion dates, and are formatted specifically to meet the submission requirements of most global regulatory bodies.

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