Trending publication

May 20, 2025 | Article

Andrew Tenzer, a partner in Nutter’s Corporate Department and a member of the Bankruptcy, Restructuring and Workout practice group, wrote an analysis of a Delaware decision in Pratt’s Journal of Bankruptcy Law. In the article, “Delaware Decision Highlights Risks Facing Directors and Lenders Negotiating a Restructuring When a Distressed Company Faces Substantial Litigation Risk,” Andrew discussed a Delaware court ruling that is a cautionary tale about the limits that the protections the “business judgment rule” provides to directors of an insolvent company and the potential risks to lenders exercising leverage over a distressed company, especially where the company faces a substantial risk of litigation.

Read the complete article.