A frequent element of bankruptcy cases is the assertion of claims against the directors and officers of the debtor, particularly when the debtor has a significant D&O insurance policy. This panel explores the use of fiduciary-duty litigation in bankruptcy by dissecting the anatomy of a D&O lawsuit, including the types of claims asserted and their possible defenses. The panelists also discuss how to analyze D&O insurance policies, and such key issues as whether the proceeds of D&O policies are considered property of the estate. Finally, the panelists highlight best practices for debtors’ counsel faced with such claims, and show how to navigate potential ethical issues.

Hosted by the Young & New Members and Commercial Fraud Committees

Sponsored by Reid Collins & Tsai LLP