ExecutiveLoyalty.org

Corporate Bankruptcy and Financial Distress,

and --


(1)   Executive Compensation

  • 2015.08.28  Advice for Directors & Officers of Distressed Corporations.  This Inside Counsel Article (by Poerio et al) focuses on executive compensation issues.
  • See BAPCA Section 503 re incentive, retention, and severance payment restrictions applicable to select executives. 


​(2)  WARN Act

  • 2015.09.21  WARN Violations Could Result in Personal Liability for Directors & Officers.  In Stanziale v. MILK072011. Delaware's Bankruptcy Court denied a motion to dismiss claims that a bankrupt company's officers and directors should be held personally liable for a breach of fiduciary duties. See WARN ACT and Bankruptcy.


See also: Pension Liabilities because government-initiated litigation often arises due to company financial distress.