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Corporate advancement disputes often arise shortly after current management has concluded that the official seeking corporate funds for legal expenses has acted disloyally or even deliberately harmed the corporation. Must the board authorize payment of corporate resources to fund legal expenses of an official dismissed based on admitted criminal wrongdoing motivated by personal greed? Management understandably may be dismayed to learn the answer frequently is yes, because contractual advancement typically is provided under Delaware law granting corporations the power to indemnify and advance litigation expenses to any person made a party to a proceeding “by reason of the fact that the person is or was a director, officer, employee or agent of the corporation.”

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