Holland & Knight Sued Over Botched Wire Transfer
The plaintiffs alleged the law firm could have done more to prevent a cyber scam and a $3 million fraud.
July 22, 2020 at 07:50 PM
3 minute read
The story has been updated to include a written statement from Holland & Knight.
Holland & Knight is being sued for its role in a botched wire transfer in which $3 million was sent to a fraudulent account based in Hong Kong this year.
The lawsuit alleges the law firm could have done more to prevent the cyber scam and a $3 million fraud.
The suit, which was first filed in Utah state court in June and then moved to federal court this week, centers around a stock transaction between plaintiffs Sorenson Impact Foundation and the James Lee Sorenson Family Foundation and defendants Holland & Knight, Continental Stock Transfer and Tassel Parent Inc.
In December, Holland & Knight was hired to handle a stock sale between the plaintiffs and Tassel Parent, valued at $3,124,940, according to the suit. Defendant Continental Stock Transfer acted as the transfer agent, the complaint says.
A month later, a "malicious third party" intercepted emails between the plaintiffs and defendants, the complaint continues. The scammers assumed the identity of the plaintiffs, falsified correspondence and documents and, in late January, asked Holland & Knight to wire the $3 million to a different account based in Hong Kong and identifying itself as "Wemakos Furniture Co. Limited," the complaint continues.
In February, the scammers then forged a false letter of transmittal, stock certificates and authorization letter. The fake documents listed the plaintiffs' bank as "Bank of China HK LTD" and the owner/beneficiary as "Hongkong Wemakos Furniture Trading Co. Limited."
The transaction was executed and the plaintiffs have not recovered the $3 million, says the complaint.
The plaintiffs, suing the law firm for breach of contract and breach of fiduciary duty, allege that Holland & Knight did not vet the fraudulent account or contact the plaintiffs, a safeguard laid out in the merger agreement between the firm and plaintiffs, which may have prevented the mistake.
"Plaintiffs and defendants would have discovered the fraudulent emails, fraudulent Letter of Transmittal and Letter of Authorization if H&K and Continental had contacted plaintiffs in person over the phone to confirm the fraudulent wire instructions," the complaint reads.
The plaintiffs in the suit, which surfaced on Law.com's Legal Radar, are represented by Cameron Hancock and Thad Seegmiller of Kirton McConkie.
In a statement on Thursday, Holland & Knight spokeswoman Olivia Hoch said the firm's "information technology system was not compromised in any way." She added that the plaintiffs were not clients, and "the firm acted on wiring instructions received from the plaintiff's email system by providing the instructions to the paying agent."
Sign up for Law.com's Legal Radar to keep up with the latest news and lawsuits in a free, personalized news feed. Track federal litigation and who's getting the work by industry, practice area, law firm, company and region.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All'Further Investment in Power' Will Drive Big Law Business—But What About Clean Energy Projects?
6 minute readLegal Departments Gripe About Outside Counsel but Rarely Talk to Them
4 minute readAs Profits Rise, Law Firms Likely to Make More AI Investments in 2025
Law Firms Mentioned
Trending Stories
- 1Call for Nominations: Elite Trial Lawyers 2025
- 2Senate Judiciary Dems Release Report on Supreme Court Ethics
- 3Senate Confirms Last 2 of Biden's California Judicial Nominees
- 4Morrison & Foerster Doles Out Year-End and Special Bonuses, Raises Base Compensation for Associates
- 5Tom Girardi to Surrender to Federal Authorities on Jan. 7
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250