The Zone of (In)solvency: Fiduciary Duties and Standards of Review for Corporations and Limited Liability Companies

The fiduciary duties of officers and directors of corporations and other alternative business entities has been the topic of much conversation in recent years. In particular, how those duties evolve in the “zone of insolvency” has taken on a life of its own, and now the mere existence of the “zone of insolvency” is in doubt as under most corporate law, a company is either solvent or insolvent, and its financial status will dictate where the duties of an officer or director lie. The Zone of (In)solvency: Fiduciary Duties and Standards of Review for Corporations and Limited Liability Companies, written and edited by Christopher Ward and a team of experienced practitioners at Polsinelli, is a thoughtful analysis of the fiduciary duties of officers and directors of solvent and insolvent corporations and other business entities, and will be invaluable to those officers and any practitioner who is helping them navigate the zone of (in)solvency.