Intensive: Mergers & Acquisitions

The deal market continues to be active, activists are still prowling, and complex legal doctrine continues to evolve. In this environment, publicly traded corporations need an M&A strategy, whether they are considering the market as a buyer or suspect that they might be acquired. This session brings together leading experts to discuss best practices in board engagement with M&A strategy and implementation, from both the buy and sell side. The session explores current at-market bidding practices, director fiduciary responsibilities in M&A transactions, implications of shareholder activism, the importance of Delaware’s reliance on independent committees and majority of minority approval in M&A transactions, the future of appraisal arbitrage, potential investment banker and law firm conflicts, and building a record that can withstand inevitable litigation scrutiny.