In this action arising out of a hedge fund fraud, plaintiffs seek to recover from the fund's outside professionals, including defendants-appellants Seward & Kissel, LLP (S & K), its legal counsel, and American Express Tax and Business Services, Inc., now known as RSM McGladrey (TBS), its designated auditor, alleging fraud and conspiracy to commit fraud, fraudulent misrepresentation and conspiracy to commit fraudulent misrepresentation, breach of fiduciary duty, negligent...
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