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8 May 2025

Directors' Fiduciary Duties And Insolvency — ICLG Restructuring & Insolvency 2025

D
Dechert

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Dechert is the law firm that helps business leaders lead. For more than 150 years, we have advised clients on critical issues – from high-stakes litigation to first-in-market transaction structures and complex regulatory matters. Our lawyers in commercial centers worldwide are immersed in the key sectors we serve – financial services, private capital, real estate, life sciences and technology. Dechert delivers unwavering partnership so our clients can achieve unprecedented results.
Directors and officers of companies in financial distress face complex responsibilities and challenges. Indeed, managing a company on the brink of insolvency is often uncharted territory for its leadership. When confronted with such challenges, adherence to fiduciary duties is crucial to ensure responsible governance and minimize the risk of litigation or personal liability.
United States Insolvency/Bankruptcy/Re-Structuring
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Directors and officers of companies in financial distress face complex responsibilities and challenges. Indeed, managing a company on the brink of insolvency is often uncharted territory for its leadership. When confronted with such challenges, adherence to fiduciary duties is crucial to ensure responsible governance and minimize the risk of litigation or personal liability.

In ICLG's Restructuring & Insolvency 2025 chapter on Directors' Fiduciary Duties and Insolvency, Dechert attorneys Stephen Zide, Rick Horvath and Eric Hilmo provide essential insights for directors and officers to consider when confronted with the complexities of financial or operational distress.

This chapter offers a detailed summary of:

  • The legal sources of fiduciary duties for directors
  • The nature of fiduciary duties generally
  • To whom directors owe their fiduciary duties
  • Fiduciary duties during insolvency
  • Practical considerations for directors of distressed companies

Learn more by reading the full chapter below.

Read the full chapter

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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