Peterson v. Winston & Strawn LLP
United States Court of Appeals for the Seventh Circuit
729 F.3d 750 (2013)
Gregory Bell's mutual funds, run through Thomas Petters's Ponzi scheme, hired Winston & Strawn LLP (defendant) to revise a circular representing that the funds verified inventory and received direct repayments from legitimate institutions, even though Bell told Winston that Petters did neither. Winston nonetheless prepared the circular as directed. After the funds collapsed, their bankruptcy trustee, Ronald Peterson (plaintiff), sued Winston for malpractice, faulting the firm for not informing the funds' absentee directors of the fraud and for not correcting the circular's false statements; the district court dismissed the complaint under the doctrine of in pari delicto.
Whether a law firm's failure to report a corporate manager's fraudulent acts to the manager's board of directors exposes the law firm to damages for malpractice.