Is Exec Entitled to Advanced Legal Costs In Suit by Employer for Theft?
Court must make independent review of known facts before denying advance
An appellate court in Minnesota has told a trial court that it must make its own determination whether a former executive of a nonprofit corporation is entitled to an advance of funds to pay legal fees and costs for defense against the organization’s claims against her for fraud, conversion, breach of fiduciary duty and breach of contract. The Court said the state’s Nonprofit Corporation Act requires it to make an independent judgment when the board has refused the request.
The full text of this article is available to paid subscribers only. Login or subscribe to read more