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Delaware Supreme Court curtails rights of creditors to bring derivative suits against insolvent Delaware LLCs

  • Drinker Biddle & Reath LLP
  • -
  • USA
  • -
  • February 1 2012

If you are a creditor of a Delaware limited liability company and wish to pursue derivative claims on behalf of an insolvent company against the company’s present or former managers based on breaches of fiduciary duties, you may be out of luck