Who can be held responsible when a rogue actor directs payment from a company’s bank account? Unless discovered quickly, stolen funds are usually quickly spirited away from easy recovery. Victims of fraud therefore look for other sources of compensation, including the bank itself who executed the instruction. In England, when banks and financial institutions have reasonable grounds to believe that a payment instruction is an attempt to misappropriate a customer’s funds, they owe a duty of care to that customer to refrain from making or executing the order and make necessary inquiries before proceeding.
Hena M. Vora
Hena M. Vora is an associate in the Litigation Department and a member of the Asset Management Litigation, Trials, Mass Torts & Product Liability, and Consumer Litigation practices, as well as the Real Estate Litigation group. Her practice encompasses a range of complex civil and commercial litigation matters, including securities litigation, partnership disputes, and consumer products.
Hena has experience with various stages of litigation, including pitching clients, coordinating discovery, drafting dispositive motions and trial memoranda, handling court conferences, taking and defending depositions, and preparing witnesses for depositions and trial. She also has experience conducting highly sensitive and confidential internal investigations. Hena was part of two trial teams that secured complete defense verdicts on behalf of Monsanto in high-profile product liability actions. She also helped secure a complete dismissal at the trial court and appellate levels on behalf of a prominent private fund client, defending against claims of breach of fiduciary duty, aiding and abetting, and unjust enrichment.
Hena serves as the president of the South Asian Bar Association of New York (SABANY). She also maintains an active pro bono practice and has been awarded for creating a partnership between Proskauer’s Boston office and Minds Matter Boston, through which she helps high school students from low-income backgrounds achieve college readiness and success.
Hena earned her J.D. from Emory University School of Law, where she received the Pro Bono Publico honor and a Transactional Law Certificate. In addition, she was a national competitor on the Moot Court Society and served as president of Emory’s South Asian Law Students Association. While at Emory, Hena served as judicial intern for Judge Denny Chin at the U.S. Court of Appeals for the Second Circuit.