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Joseph M. McLaughlin, a partner at Simpson Thacher & Bartlett, writes that although there is considerable recognition that the "deepening insolvency" of a distressed corporation may give rise to compensable corporate harm, whether deepening insolvency is an independent cause of action or a measure of damages arising from commission of a separate tort has been a fertile source of confusion.
April 12, 2007 at 12:00 AM
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