D&O Fiduciary Duties in the Zone of Insolvency
Directors and officers often become the target for blame (and, thus, claims) when a company is close to, or in the zone of, insolvency. This CLE will review the fiduciary duties of loyalty and due care owed by directors and officers, discuss when creditors may enforce those duties, analyze the impact of bankruptcy or insolvency on existing D&O insurance coverage, and provide practice guidance to directors and officers to shield themselves from liability.