In-House Counsel Beware: Miller V. McDonald

Law360, New York (June 6, 2008, 12:00 AM EDT) -- A recent decision of the United States Bankruptcy Court for the District of Delaware highlights some dangers for in-house counsel respecting a potentially wide range of pre-bankruptcy conduct and transactions, even as to matters in which counsel was not involved and from which he or she derived no discernible benefit.

The case also may serve to embolden trustees and debtors in possession — estate fiduciaries who, in the post-Enron world, increasingly have been aggressively asserting and pursuing causes of action against a debtor company’s former officers,...
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