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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Deutsche Bank AG v. Vik, 349 Conn. 120 (2024)

Citation
Deutsche Bank AG v. Vik, 349 Conn. 120 (2024)
Parent Document
Deutsche Bank AG v. Vik, 349 Conn. 120 (2024)
Jurisdiction
Connecticut (state)
Effective Date
2024-05-28

Other Sections in This Document (136)

Full Text

2,655 chars
ALEXANDER, J. The plaintiff, Deutsche Bank AG,
         has spent the last decade attempting to collect from a
         nonparty, Sebastian Holdings, Inc. (SHI), an approxi-
         mately $243 million foreign judgment (English judg-
         ment)1 resulting from an unpaid margin call in 2008. In
         Deutsche Bank AG v. Sebastian Holdings, Inc., 346
         Conn. 564, 294 A.3d 1 (2023), the plaintiff unsuccessfully
         sought to pierce SHI’s corporate veil and to hold the
         defendant Alexander Vik (Alexander) jointly and sever-
         ally liable with SHI for the English judgment.2 Id., 568–
         69. While that case was pending in the trial court, the
         plaintiff commenced the present action against Alexan-
         der and his daughter, the defendant Caroline Vik (Caro-
         line), alleging tortious interference with business expect-
         ancy and violation of the Connecticut Unfair Trade
         Practices Act (CUTPA), General Statutes § 42-110a et
         seq., on the basis of the defendants’ alleged efforts to
         interfere with the order of a Norwegian court requiring
         the sale of SHI’s shares in a Norwegian software com-
         pany in partial satisfaction of SHI’s debt to the plaintiff.
         The defendants moved to dismiss the action, arguing
         that it was barred by the litigation privilege. The trial
         court denied the motion, and the defendants appealed
         to the Appellate Court, which reversed the trial court’s
         decision and directed the trial court to dismiss the plain-
         tiff’s complaint in its entirety. See Deutsche Bank AG
            1
              ‘‘The English judgment was rendered by the Queen’s Bench Division of
         the High Court of Justice of England and Wales in an action brought by
         [the plaintiff] against SHI . . . .’’ Deutsche Bank AG v. Sebastian Holdings,
         Inc., 346 Conn. 564, 568 n.1, 294 A.3d 1 (2023).
            2
              The plaintiff’s complaint in the present case alleges that, ‘‘[d]uring the
         period 1988 to 2015, [Alexander] owned 100 [percent] of the shares of SHI,
         a corporation incorporated under the laws of the Turks and Caicos Islands
         . . . . [Alexander] maintained sole ownership of . . . SHI . . . until
         approximately 2015, at which time he gave SHI to an entity controlled by
         Hans Eirik Olav, a personal friend and his ‘right-hand’ man for business
         dealings in Norway, for no meaningful consideration.’’
Page 6                        CONNECTICUT LAW JOURNAL                              May 28, 2024