The Perishable Agricultural Commodities Act regulates transactions in fresh and frozen fruits and vegetables. It does this in part by creating a general trust for the benefit of produce sellers.
USA, Healthcare & Life Sciences, Insolvency & Restructuring, Litigation, Product Regulation & Liability, Bryan Cave Leighton Paisner (Bryan Cave), Bankruptcy, Commodity, Liquidation, Fifth Circuit
On October 29, 2009, the California Court of Appeal, Sixth District, in Berg & Berg Enterprises, LLC v. Boyle, et al., unequivocally ruled that, under California law, directors of either an insolvent corporation or a corporation in the more elusively defined “zone of insolvency” do not owe a fiduciary duty of care or loyalty to creditors. In so ruling, California joins Delaware in clarifying directors’ duties when the corporation is insolvent or in the zone of insolvency.
Background
USA, California, Company & Commercial, Insolvency & Restructuring, Litigation, McDermott Will & Emery, Shareholder, Breach of contract, Fiduciary, Board of directors, Good faith, Duty of care, Delaware Court of Chancery, California courts of appeal, US District Court for Northern District of California