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Results: 11-20 of 1,365

Surety bonds: direct claims v derivative claims who knew?
  • Pepper Hamilton LLP
  • USA
  • February 13 2015

The debtor made claims against a surety that issued a performance bond in connection with a construction contract. The surety contended that it was


Considerations for lenders in workouts & loan restructurings
  • Bilzin Sumberg Baena Price & Axelrod LLP
  • USA
  • February 12 2015

Despite the improvement in the economy since the advent of the “Great Recession,” many businesses nevertheless continue to struggle. Accordingly


Delaware Court of Chancery decision clarifies fiduciary issues in insolvent company
  • Skadden Arps Slate Meagher & Flom LLP
  • USA
  • January 27 2015

The Court of Chancery of Delaware recently issued a noteworthy decision clarifying fiduciary duties and confirming business judgment rule protection


UCC collateral description: more may not be better
  • Pepper Hamilton LLP
  • USA
  • January 13 2015

A chapter 7 trustee sought to recover as preferences payments made by the debtor to a lender and proceeds of collateral liquidation received by the


Business law update - Winter 2014
  • Thompson Hine LLP
  • USA
  • December 16 2014

It long has been the law that unpaid creditors of an insolvent debtor can complain if the debtor sells or otherwise transfers any of its assets for


Yet another reason why D&O insurance is critical
  • Zuckerman Spaeder LLP
  • USA
  • December 15 2014

Corporate directors and officers may think indemnification provisions are sufficient to protect them from claims asserted against them by


Business judgment rule protects board’s decision to maximize the value of an insolvent Delaware corporation even if it puts creditors at risk; but it does not protect transfers of value from the corporation to a controlling shareholder or related party
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • October 31 2014

Directors of an insolvent corporation face a host of difficult questions. Should they wind up operations or file for bankruptcy to preserve assets


Delaware Court of Chancery rejects contemporaneous ownership requirement for creditors asserting derivative claims
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • October 27 2014

In Quadrant Structured Products Co. v. Vertin, C.A. No. 6990-VCL, 2014 Del. Ch. LEXIS 193 (Del. Ch. Oct. 1, 2014), the Delaware Court of Chancery


Manufacturer's corner: Apple revisited
  • Spencer Fane Britt & Browne LLP
  • USA
  • October 26 2014

Remember when I wrote a glowing column about a Master Development and Supply Agreement Apple and its lawyers drafted? It was one of the most-read


LLP: when is a partnership not a partnership (and who cares)?
  • Pepper Hamilton LLP
  • USA
  • October 14 2014

A managing partner filed an involuntary chapter 7 petition against a professional limited liability partnership. The bankruptcy court denied the