Court Of Chancery Awards Fees To A "Bad Guy"
Holley v. Nipro Diagnostics Inc., C.A. 9679-VCP (December 23, 2014)
It is often thought that if a former director is convicted of wrongdoing there is no need to indemnify her for defense fees. That simplistic view overlooks what may be a reimbursement right the company's bylaws adopted when all were friendly. But as this decision points out, there may be a right to fees incurred in a partially successful defense and, even worse, a right to fees for fees incurred to establish that right. Ignoring that just makes bad situation worse.