The US Court of Appeals for the Eleventh Circuit recently issued the first appellate decision holding that, in actions brought by the Federal Deposit Insurance Corporation (FDIC), the officers and directors of failed banking institutions can assert affirmative defenses relating to the FDIC’s post-receivership conduct.
USA, Banking, Insolvency & Restructuring, Litigation, Katten Muchin Rosenman LLP, Negligence, Estoppel, Federal Deposit Insurance Corporation (USA), Eleventh Circuit
After a relatively brief and checkered stint in Delaware courts, it appears that the cause of action against corporate directors for “deepening insolvency” may have lost its place in Delaware corporate jurisprudence.
USA, Delaware, Company & Commercial, Insolvency & Restructuring, Litigation, Katten Muchin Rosenman LLP, Shareholder, Breach of contract, Fraud, Fiduciary, Federal Reporter, Debt, Liquidation, Good faith, Due diligence, Business judgement rule, Delaware Supreme Court, Third Circuit