Representatives of asset managers often take up positions on the boards of portfolio companies. We have written posts before on some of the litigation and regulatory risks that can.
The English Supreme Court considered the extent to and when directors of an English incorporated company must take account of the interests of creditors. This decision means English law is now confirmed as taking a different approach to Delaware and other US jurisdictions.
Creditors of distressed businesses are often frustrated by shareholder- controlled boards when directors pursue strategies that appear to be designed to benefit shareholders at the.
This article reviews the most noteworthy features of the restructuring and insolvency legal framework in USA, with particular regard to recent developments.