Quadrant Structured Products Company, Ltd. v. Vertin

OPINION

LASTER, Vice Chancellor.

Plaintiff Quadrant Structured Products Company, Ltd. (“Quadrant”) owns debt securities issued by defendant Athilon Capital Corp. (“Athilon” or the “Company”), a Delaware corporation. Quadrant contends that Athilon is insolvent and has asserted derivative claims for breach of fiduciary duty against the individual defendants, who are members of Athilon’s board of directors (the “Board”). Earlier decisions in this action have dismissed some of Quadrant’s claims. Quadrant’s remaining counts assert that (i) the Board breached its fiduciary duties by transferring…