A Story of Lawyers Behaving Badly
Here, the Court grapples with an inheritance—the latest chapter of a litigation odyssey that began over a decade ago in a different domain. Adv. No. ... Read full article
News Topic: fiduciary duty
Search Results
Fiduciary Duties And Financial Distress In The Time Of COVID-19
The COVID-19 pandemic has caused unprecedented economic disruption, creating sudden financial distress across industries. Companies are now facing impacts ranging from a dramatic decline in revenue of uncertain duration, to potential setbacks to M&A ... Read full article
Derivative Complaints by Creditors Against Chapter 7 Trustees – They Don’t Tend to Go Very Far
In a decision signed July 17, 2017 in the Our Alchemy, LLC bankruptcy (case 16-11596), Judge Gross of the Delaware Bankruptcy Court granted a trustee’s partial motion to dismiss a complaint, holding that a creditor cannot assert general claims against a ... Read full article
Blocking Directors 101: Fiduciary Duties Apply
Copyright: bbourdages / 123RF Stock Photo ... Read full article
Summary Judgment Granted in Favor of New Matco Defendants in NewStarcom Holdings Bankruptcy
In the NewStarcom Holdings bankruptcy matter, Miller v. American Capital Ltd., et al. (In re NewStarcom Holdings, Inc., et al.) , Adv. Pro. 10-50063 (CSS) (Bankr. D. Del. March 8, 2016) , the Delaware Bankruptcy Court ruled upon various motions, including ... Read full article
The Venture-Backed Company Running Out Of Cash: Fiduciary Duties And Wind Down Options
Two Cases Emphasize Distinct Approaches to Trustee Discretion
Normal 0 false false false EN-US X-NONE X-NONE ... Read full article
New Ruling Finds Important Protection For Managers Of Insolvent Delaware LLCs
Derivative Claims Against Directors Of An Insolvent Delaware Corporation . With its 2007 decision in North American Catholic Educational Programming, Inc. v. Gheewalla, et al., 930 A.2d 92 (Del. 2007), the Delaware Supreme Court held that directors of an ... Read full article
California Court of Appeal Provides Guidance For Directors Of Financially Distressed California Corporations
As I have reported over the past several years, Delaware courts, including the Delaware Supreme Court, have addressed the nature of a director's fiduciary duties when a Delaware corporation is insolvent or in the "zone of insolvency," most ... Read full article
Delaware Supreme Court Affirms Ruling Protecting Managers Of Insolvent LLCs
Creditor Derivative Claims Against Fiduciaries Of Insolvent Corporate Entities. In a 2007 decision in North American Catholic Educational Programming, Inc. v. Gheewalla, et al., 930 A.2d 92 (Del. ... Read full article
Delaware Supreme Court Affirms Ruling Protecting Managers Of Insolvent LLCs
Creditor Derivative Claims Against Fiduciaries Of Insolvent Corporate Entities. In a 2007 decision in North American Catholic Educational Programming, Inc. v. Gheewalla, et al., 930 A.2d 92 (Del. ... Read full article
Delaware's Choice-of-Law Analysis as Provided in a Decision in PMTS Liquidating Corp., Which Partially Granted a Motion to Dismiss
Summary ... Read full article
Antone's Records: A Tragedy in Three Acts and 46 Pages
Austin prides itself on being the Live Music Capital of the World. While many musicians travel to Austin with stars in their eyes, the reality is that it is difficult to earn a living in the music business, either as an artist or an independent record ... Read full article
California Court of Appeal Provides Guidance For Directors Of Financially Distressed California Corporations
As I have reported over the past several years, Delaware courts, including the Delaware Supreme Court, have addressed the nature of a director's fiduciary duties when a Delaware corporation is insolvent or in the "zone of insolvency," most ... Read full article
New Ruling Finds Important Protection For Managers Of Insolvent Delaware LLCs
Derivative Claims Against Directors Of An Insolvent Delaware Corporation . With its 2007 decision in North American Catholic Educational Programming, Inc. v. Gheewalla, et al., 930 A.2d 92 (Del. 2007), the Delaware Supreme Court held that directors of an ... Read full article