Director Liability: Wellspring Ruling, Director Releases, Duty of Loyalty During Restructuring
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will examine the most significant recent Delaware court decisions impacting director and officer liability. The panel will discuss issues of director releases and the duty of loyalty of directors, particularly during restructuring periods. The panel will also address best practices for companies and directors when facing future liability claims.
- History of director liability
- Caremark decision
- Wellspring decision
- Director releases
- Duty of loyalty
- Best practices
The panel will address these and other key topics:
- How was the decision in Wellspring a departure from Caremark?
- How can companies incorporate disinterested governance and directors when negotiations conflict with a duty of loyalty?
- When can directors seek release from liability without violating a duty of loyalty?
- What does the decision in Wellspring mean for the future evaluation of director conduct?
Mr. Feltman is a managing director in the Restructuring Advisory practice. His practice is focused on providing... | Read More
Mr. Feltman is a managing director in the Restructuring Advisory practice. His practice is focused on providing fiduciary, advisory consulting and expert witness testimony in the areas of insolvency, restructuring, money laundering, Ponzi schemes, asset tracing and recovery, accounting and financial statement reporting issues, causes of action against officers, directors and third parties, securities fraud, misrepresentation, and hedging and trading in complex securities schemes.Close
Madlyn G. Primoff
Freshfields Bruckhaus Deringer
Ms. Primoff has more than 25 years of experience representing companies, lending groups, syndicate agents, global... | Read More
Ms. Primoff has more than 25 years of experience representing companies, lending groups, syndicate agents, global financial institutions, and private credit investors in complex U.S. domestic and cross-border out-of-court restructurings, prepackaged Chapter 11 cases and contentious Chapter 11 cases as well as related litigation matters. She has substantial cross-border insolvency experience (including Chapter 15 cases and parallel proceedings). Ms. Primoff is regularly called upon by her clients to act as “first chair” trial counsel in contentious restructuring matters and insolvency related litigations. She has deep expertise in metals and mining, energy and infrastructure, consumer products, financial services, agriculture, entertainment, media, communications, shipping, and health care (including device manufacturing and distribution).Close