Robert A. Weber

Third Circuit Addresses Breach of Fiduciary Duty and Deepening Insolvency Claims Under Pennsylvania Law
Mark S. Chehi,Anthony W. Clark,Robert A. Weber, October 4, 2011
In Official Committee of Unsecured Creditors v. Baldwin (In re Lemington Home for the Aged) (3rd Cir. Sept. 21, 2011), the Third Circuit Court of Appeals addressed breach of fiduciary duty and “deepening insolvency” claims asserted in bankruptcy litigation against former officers and...

Delaware Supreme Court Holds That Creditors of Delaware LLC Lack Standing to Assert Derivative Claims
Mark S. Chehi,Allison L. Land,Robert S. Saunders,Robert A. Weber, September 20, 2011
In a recent en banc decision by the Delaware Supreme Court in CML V, LLC v. Bax, 2011 Del. LEXIS 480 (Del. Sept. 2, 2011), the Delaware Supreme Court held that creditors of a Delaware limited liability company (LLC) have no standing to assert derivative claims on behalf of an LLC, even if the LLC...