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Your rights when dealing with an insolvent customer

Porter Wright Morris & Arthur LLP
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USA
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January 16 2009

With the state of the economy, some of your customers may be turning into slow pays or, worse, no pays

Delaware’s high court affirms dismissal of creditor’s suit against directors

Schulte Roth & Zabel LLP
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USA
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May 25 2007

The Delaware Supreme Court affirmed on May 18, 2007, the Delaware Chancery Court’s dismissal of a breach of fiduciary duty suit brought by a creditor against certain directors of Clearwire Holdings Inc

Can creditors directly sue company directors for breaches of fiduciary duties? The Delaware Supreme Court says “no”

Paul, Weiss, Rifkind, Wharton & Garrison LLP
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USA
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May 25 2007

In a groundbreaking and somewhat surprising decision, the Delaware Supreme Court recently held that creditors of a company that is either in the zone of insolvency or actually insolvent cannot, as a matter of law, directly sue directors of the company for breaches of the directors’ fiduciary duties

Satyam: next steps for sourcing customers

Pillsbury Winthrop Shaw Pittman LLP
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India, USA
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January 16 2009

Last week we alerted clients to the need for a rapid assessment of their exposure to Satyam in the wake of the much-publicized acknowledgement of fraud and mis-reporting of financial results by the company's founder and former Chairman

Shareholders treated as ‘sellers’ of corporation, and entitled to contractual indemnity

Reed Smith LLP
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USA
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July 31 2007

Though the shareholders of a corporation did not sign a corporate sale agreement, they were considered to be the sellers of the corporation, and therefore were entitled to avail themselves of the indemnification provisions under the agreement, ruled the Bankruptcy Court for the Eastern District of Pennsylvania

Automatic stay does not bar call for shareholder meeting

Jones Day
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USA
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April 22 2008

Principles of corporate governance that determine how a company functions outside of bankruptcy are transformed and in some cases abrogated once the company files for chapter 11 protection, when the debtor’s board and management act as a “debtor-in-possession” (“DIP”) that bears fiduciary obligations to the chapter 11 estate and all stakeholders involved in the bankruptcy case

Caremark liability extended to corporate officers

White & Case LLP
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USA
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May 2 2008

Do officers of a public corporation have an affirmative obligation to monitor corporate affairs?

Motion to dismiss claims against former officers and directors denied

Katten Muchin Rosenman LLP
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USA
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April 6 2007

The District Court sustained claims of breach of fiduciary duty, fraud and deepening insolvency asserted by the successor-in-interest to the Committee of Unsecured Creditors of DVI, a defunct company, against DVI’s former officers and directors

Good-faith Chapter 11 filing determination defeats fiduciary duty breach claim

Jones Day
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USA
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August 1 2008

For the third time in as many years, the Delaware Chancery Court has handed down an important ruling interpreting the interaction between federal bankruptcy law and Delaware corporate law

Protecting the attorney-client privilege in corporate families

Jones Day
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USA
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February 1 2008

The importance and practical benefits resulting from the use of the same in-house counsel for an entire corporate family are numerous

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Search results

Your rights when dealing with an insolvent customer

Delaware’s high court affirms dismissal of creditor’s suit against directors

Can creditors directly sue company directors for breaches of fiduciary duties? The Delaware Supreme Court says “no”

Satyam: next steps for sourcing customers

Shareholders treated as ‘sellers’ of corporation, and entitled to contractual indemnity

Automatic stay does not bar call for shareholder meeting

Caremark liability extended to corporate officers

Motion to dismiss claims against former officers and directors denied

Good-faith Chapter 11 filing determination defeats fiduciary duty breach claim

Protecting the attorney-client privilege in corporate families

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