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The Evolution of Fiduciary Duties Under Delaware Law

In a recent New York Law Journal article, “The Evolution of Fiduciary Duties Under Delaware Law”, John Bae and Kaitlin Walsh describe the ongoing development of Delaware law regarding directors’ duties and provide guidance to directors of corporations facing insolvency.  The article explores the duties of a director of a solvent company, the shift of these duties upon insolvency and the nature of related creditor claims.  The authors provide practical considerations for directors when weighing options in the face of financial distress.

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Authors

John H. Bae

John H. Bae

Kaitlin R. Walsh, a Member at Mintz, practices bankruptcy law. She focuses her practice on corporate restructurings and insolvencies. Kaitlin represents debtors, creditors, purchasers, lenders, and other parties-in-interest in Chapter 11 reorganizations, out-of-court restructurings, and bankruptcy litigation.