Insolvency

Part III: Issues When Dealing with a Failed Corporation — Analysis and Conclusion

(April 26, 2010): Part III: Analysis and Conclusion In the midst of an economic downturn, headlines are filled with accounts of failed corporations and bankruptcies as well as notorious government bailouts. There are many threatened lawsuits directed at officers and Directors of corporations for breaches of their fiduciary duties or seeking judicial declarations that corporations […]

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Part II: The “Zone of Insolvency” — the Delaware Example

(April 26, 2010): This is the second installment of a three-part article by David P. Parker examining the fiduciary duties of officers and directors of insolvent corporations and corporations operating in the so-called “Zone of Insolvency.” In Gheewalla, a significant Delaware law decision regarding creditors’ ability to sue corporate fiduciaries, the Delaware Supreme Court addressed

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Part I: The Fiduciary Duties of Officers and Directors of an Insolvent Corporation

(April 23, 2010): This is the first installment of a three part article by David Parker examining the Fiduciary Duties of Officers and Directors of Insolvent Corporations and Corporations operating in the so called “Zone of Insolvency.” Part I: The Fiduciary Duties of Officers and Directors of an Insolvent Corporation: Over the next few days,

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