Panelists for this session field questions related to their own experiences with companies that were in the zone of insolvency. They focus on what signs to watch for to determine if a company might be in the “zone,” how their decision processes were impacted once the company was in the zone, and what kind of legal or other independent expert advice they sought while in the zone. Discussions surface on the fiduciary duties of directors and officers, how those duties changed during the zone of insolvency, and how to ensure that they upheld their duties during the zone of insolvency.
Related Insights
31 December 2024
Foley Viewpoints
SEC Enforcement Action Against Church & Dwight Director: Lessons for Outside Directors
The SEC’s settlement with James R. Craigie, former CEO, chairman, and director of Church & Dwight Co. Inc., for violating proxy disclosure rules by standing for election as an independent director without disclosing his close personal friendship with a senior Church & Dwight executive has caused consternation in the legal community regarding when a friendship jeopardizes director independence under stock exchange rules.
31 December 2024
Manufacturing Industry Advisor
The State of the Law of Requirements Contracts
Amid increasing pressure on supply chains across the globe, multiple recent court opinions have disrupted the law of requirements contracts.
30 December 2024
Foley Viewpoints
Controlling Entities to Dealer Contracts Subject to Puerto Rico’s Law 75 May Be Liable for Tortious Interference
Plaintiffs asserting claims for tortious interference of contracts covered by Puerto Rico’s Dealer’s Contracts Act, commonly known as Law 75, may automatically satisfy one element of such a claim. Law 75 regulates relationships between distributors and manufacturers.