Dealing with Directors and Officers

In many bankruptcy cases, unhappy creditors look for someone to blame — and for a source of recovery when the debtors’ assets are not sufficient. Claims against directors and officers — often alleging conflicts of interest or second-guessing business judgments — can serve both purposes, and the existence of insurance coverage makes these claims even more attractive. This panel will discuss D&O claims from both the estates' and defendants’ perspectives, and will review recent case law you need to know about if you are involved in a D&O litigation.