Corporate

Recent Posts

Creditors’ Rights to Pursue Derivative Claims Against Company Directors Under Delaware Law
Posted on 12 May 2015 by Kevin M. LaCroix

In a detailed May 4, 2015 opinion ( here ), Vice Chancellor Travis Laster of the Delaware Chancery Court extensively reviewed the rights of an insolvent company’s creditors to pursue derivative claims against the company’s directors [ an enhanced... Read More

Insolvent Company Directors’ Duties to Creditors Under Delaware Law
Posted on 19 Dec 2014 by Kevin M. LaCroix

A question that frequently recurs is whether or not directors of insolvent companies have fiduciary duties to creditors. Creditors often attempt to argue that as companies move into the “zone of insolvency,” directors’ duties move from... Read More