Your client’s controller appears to have made some critical errors that have caused substantial financial damage. The client feels that the controller’s conduct was at the very least negligent. While she does not appear to have engaged in intentional wrongdoing, she violated longstanding rules about transferring assets, failed to follow normal protocols, and cost the company millions of dollars. The company wants to recover against the controller, and also wants to send a strong message to employees that they need to be careful when they are in positions of trust.
How likely is it that your client can recover? What are the impediments to proceeding against the employee? And how wise, in any event, is it to move forward?
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