Title

Indemnification and Advancement Through an Agency Lens

Document Type

Article

Publication Date

2011

Keywords

agency, corporations, model business corporation act

Subject Category

Agency | Contracts | Corporation and Enterprise Law

Abstract

Deborah DeMott provides a close review of several recent judicial decisions interpreting the right of “agents” to obtain indemnification or advancement of expenses. She concludes there is a serious misfit of the concept of agent in the indemnification context, so that outcomes in these cases have not been well served by attempts to apply common-law agency doctrines within the indemnification-corporate context.