Employee Creditors May Not Assert Claim for Such Damages Derivatively Against Corporate Officers -
Corporate insolvencies and near insolvencies regularly generate significant claims and litigation initiated by creditors...more
Customary analysis of the fiduciary duties of directors in connection with their consideration of an acquisition of the corporation focuses on the nature of that fiduciary duty: What is that duty? Under what circumstances is...more
In November, the Delaware Court of Chancery issued a decision that raises troubling questions about commonly used techniques in private company acquisitions and that, if not modified on appeal or through legislation, could...more