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Court of Chancery Explains Member Fiduciary Duty

Xcell Energy and Coal Company LLC v. Energy Investment Group LLC, C.A. No. 8652-VCN (June 30, 2014)

The question of whether the members of an LLC owe fiduciary duties to the other members  is dependent on the terms of the LLC agreement. When there is a manager designated by the LLC agreement, the members as members will not ordinarily have fiduciary duties.

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blog, complex commercial litigation, corporate counseling & litigation