A recent decision by the Superior Court of the State of Delaware highlights a risk of potential exposure to liability for individuals affiliated with private equity firms who are presumed to be covered by a directors’ and...more
7/11/2019
/ Acquisition Finance ,
Board of Directors ,
Breach of Duty ,
But For Causation ,
Capacity Allocation ,
Capital Structures ,
Contract Terms ,
Corporate Executives ,
Corporate Restructuring ,
D&O Insurance ,
Debt ,
Denial of Insurance Coverage ,
Directors ,
Duty of Loyalty ,
Fiduciary Duty ,
Policy Exclusions ,
Popular ,
Portfolio Companies ,
Private Equity ,
Private Equity Firms ,
Repurchases ,
Risk Assessment ,
Risk Mitigation ,
Self-Dealing ,
Wrongful Acts
Two recent court decisions may result in a broadening of the range of options available to an equity sponsor in respect of an insolvent portfolio company. The first decision may provide increased flexibility in structuring...more
1/18/2016
/ Absolute Priority Rule ,
Acquisition Finance ,
Board of Directors ,
Breach of Duty ,
Business Judgment Rule ,
Chapter 11 ,
Creditors ,
Debtors ,
Fiduciary Duty ,
Insolvency ,
Portfolio Companies ,
Private Equity