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Business Law

Dec. 18, 2024

Small state, big safety net: Delaware's expense advancement for white-collar defense

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Stephen H. Sutro

Co-Chair of the Trial Practice Group and a member of the governing Partners Board
Duane Morris LLP

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Michael B. Gonen

Litigator
Duane Morris LLP

Michael B. Gonen is a litigator whose practice focuses primarily on corporate and commercial litigation in Delaware's Court of Chancery. He has extensive experience litigating issues of corporate governance and fiduciary duty, as well as other complex contract and tort matters. He is based in Wilmington.

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Small state, big safety net: Delaware's expense advancement for white-collar defense

Only the very wealthy are in a position to marshal the assets necessary to retain the experienced counsel, experts, investigators, and others often necessary to make sense of and defend against a government investigation or enforcement action. Directors and officers routinely look to their companies for advancement of fees and costs in these matters, following promises that, absent true misconduct, they will be unharmed by investigations and lawsuits.

For white-collar practitioners...

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