Contractually Reimposing Fiduciary Duties in an LLC Operating Agreement Despite Clause Waiving Fiduciary Duties
Serving on the Board of Your Portfolio Company: Be Careful What You Share in Emails and Texts Among You and Your Firm’s Other Designated Board Members
D&O Insurance and the Bankrupt Portfolio Company—Are the Director Designees of PE Owners Actually Covered?
There is Such a Thing as a “Material Adverse Effect”: Delaware Court Supports Buyer’s Right to Terminate
Avoiding a Dog’s Breakfast—Some Timely Reminders of How to Effectively Limit the Universe of Purported Representations upon which Fraud Claims Can be Made
Usury Bites—A Refresher on an Easily Overlooked Issue in the Restructuring and Private Equity Arenas