We Represent
  • Corporations
  • Companies and institutions
  • Creditor groups and litigation trustees
  • Institutional investors, noteholders, and indenture trustees
  • Litigation-asset investors
  • Lenders, borrowers, and counterparties

When a company suffers losses because of another party’s wrongdoing, whether through price-fixing, fraud, breach of fiduciary duty, or professional malpractice, recovering those losses requires more than filing a complaint. It requires litigation counsel who understands the full scope of what went wrong, who is responsible, and where every viable claim can be brought. Glenn Agre’s Affirmative Recovery practice is built for that work.

We represent corporations, institutional investors, creditor groups, and litigation trustees pursuing affirmative claims to recover losses caused by anticompetitive conduct, fraud, accounting failures, collateral mismanagement, and breaches of contract and fiduciary duty. Our team identifies the full chain of responsibility—from the counterparty who committed the wrong, to the auditor who missed it, to the advisor who enabled it—and pursues each responsible party across every forum where those claims can be brought.

Unlike most firms, we represent both plaintiffs and defendants across these areas of practice. That dual perspective is a Glenn Agre advantage. Because we litigate and win from both sides of the case, we understand how opposing counsel builds its case, where it is vulnerable, how it evaluates risk, and where it expects to find leverage. Our clients benefit from a litigation team that has already seen the playbook the other side will run.

Glenn Agre’s nationally ranked bankruptcy and restructuring practice, accounting malpractice capability, and trial-tested commercial litigation team give us cross-disciplinary reach that is rare in plaintiff-side recovery work. When a CLO collapses, a supplier cartel inflates prices, or an auditor’s failures conceal fraud, creditors and companies can pursue claims simultaneously in bankruptcy court, federal district court, and professional malpractice actions. We handle all of them and we follow the full chain of responsibility across every forum where these claims can be brought.

Why Clients Come To Glenn Agre

Accounting Malpractice Recovery
Auditor failures are frequently embedded in corporate collapses and structured finance losses. Off-balance sheet arrangements, securitization vehicles, and leveraged credit facilities can obscure true financial conditions that a diligent auditor should have detected. When the auditor fails, the losses that follow are often catastrophic.

Glenn Agre brings accounting malpractice claims against audit firms whose failures allowed fraud, mismanagement, or misrepresentation to persist. We command both the technical audit standards at issue and the financial structures and business operations that were misrepresented. Our ability to pair accounting malpractice claims with related commercial litigation, bankruptcy, and structured finance actions means that auditor recovery is pursued as part of a comprehensive strategy, not as an afterthought.

Antitrust Recovery
Price-fixing and market allocation conspiracies cause billions of dollars in overcharges to businesses every year. Companies that remain in antitrust class actions often recover only a fraction of their actual losses. Glenn Agre’s antitrust recovery practice helps clients do better.

Glenn Agre’s attorneys have represented companies as direct-action plaintiffs and opt-out plaintiffs in individual Sherman Act actions. Their work includes analyzing the conduct, quantifying the harm, and evaluating every available claim. Their extensive experience allows them to recommend the recovery path that delivers the best result, whether that means filing an individual action, engaging strategically with a class proceeding, or negotiating directly.

Commercial Litigation Recovery
Companies can suffer significant harm from breaches of contract, fraud, misrepresentation, and breaches of fiduciary duty in ordinary commercial relationships including with vendors, joint venture partners, service providers, and counterparties. When the stakes are high enough to demand aggressive, trial-ready litigation counsel, Glenn Agre’s commercial litigation team pursues those recoveries with the same intensity and strategic sophistication we bring to our most complex matters.

Creditor and Investor Recovery
When corporate misconduct, fraud, or mismanagement impairs the value of creditor claims or investor holdings, recovery requires counsel who master both the substance of the underlying wrong and the procedural complexity of the forums where these claims are brought. Glenn Agre represents creditor groups, litigation trustees, institutional investors, and indenture trustees pursuing recoveries for losses caused by valuation fraud, collateral manager misconduct, insider self-dealing, and breaches of fiduciary duty.

Our lawyers have been appointed as or represent litigation trustees charged with investigating and prosecuting claims on behalf of impaired creditor classes. Glenn Agre’s nationally ranked bankruptcy and restructuring team, recognized as “go-to” counsel for minority lenders navigating liability management exercises, allows us to pursue creditor recoveries across multiple forums simultaneously: bankruptcy court proceedings, federal securities actions, and direct claims against officers, directors, and advisors.

Structured Finance and Private Credit Recovery
The complex financial products that fund private credit markets including CLOs, warehouse facilities, private loan securitizations, and rated note structures, can generate significant losses when they fail. The resulting disputes span multiple forums and implicate multiple theories of liability. We handle all of them.

Glenn Agre pursues fraud claims, breach of contract actions, and loss recovery against originators, collateral managers, auditors, and other deal participants whose conduct caused or contributed to the failure of structured finance transactions. Our team is anchored by lawyers who spent years prosecuting and resolving claims across hundreds of residential and commercial mortgage-backed securitization trusts, representing trustees in putback actions, prosecuting securities claims on behalf of government-sponsored enterprises, and litigating waterfall disputes over competing classes of investors. That fluency positions us to handle the full range of structured finance disputes now emerging from private credit markets.

Who We Represent

  • Corporations pursuing antitrust recoveries as opt-out plaintiffs or through class monitoring strategies;
  • Creditor groups and litigation trustees appointed to investigate and prosecute claims on behalf of impaired creditor classes;
  • Institutional investors, noteholders, and indenture trustees pursuing recoveries for losses caused by fraud, valuation manipulation, or collateral manager misconduct;
  • Litigation-asset investors;
  • Lenders, borrowers, and counterparties pursuing breach of contract, fraud, and fiduciary duty claims in commercial disputes; and
  • Companies and institutions pursuing accounting malpractice claims against audit firms whose failures caused or concealed losses.