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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

Kaitlin R. Walsh

Special Counsel

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