After Plaintiffs were awarded advancement of litigation fees, Defendant corporation stalled payments in light of several objections. The Court held that the Plaintiffs were entitled to advancement for an affirmative claim asserted as part of a defensive strategy involving the same dispute because such action was broadly authorized under the advancement provisions and might be necessary to serve a defensive purpose. Likewise, fees paid to retain additional counsel on a standby basis to guard against the risk that current counsel would be subject to a disqualifying conflict were subject to advancement as funding a prudent and reasonable measure under the circumstances. Lastly, the court refused to review the substantive amounts of fees, providing instead for procedures under a Special Master to resolve any discrepancies between the parties.
