In CIBC v. Barker, (Del. Ch.; 5/26), the Chancery Court dismissed a creditor’s derivative breach of fiduciary duty claims against the board of a distressed company. Those claims were premised on allegations that the board acted in bad faith in rejecting viable acquisition proposals in pursuit of a deal that would provide sufficient funds to satisfy […]
Fiduciary Duties: Del. Chancery Dismisses Claims Involving Failed Sale Process