NEW: Robinson & Cole discusses fiduciary duties owed and standards of review applied when companies are insolvent or in the zone of insolvency in Financially Distressed Businesses: Revisiting the Business Judgment Rule and the Entire Fairness Doctrine.
Keith Bishop discusses fiduciary duties owed creditors under California law in Directorial Duties To Creditors – Getting To The Bottom Of The California Trust Fund Theory
Wachtell, noting the potential for financial challenges such as liquidity shortages, debt defaults, and revenue declines in the current economic environment, discussed duties that directors owe creditors under Delaware law in Fiduciary Duties in Times of Financial Distress.
D&O Diary’s Kevin LaCroix discusses directors’ fiduciary duties to creditors, which may arise when companies become insolvent, in Cash-Crunched Companies Face Insolvency; Will Directors Face Claims?
Fried Frank discusses directors’ duties to creditors duties when a company is financially troubled, approaches insolvency, or becomes insolvent in Examining Director Duties As Insolvencies Appear Imminent.