Mergers & Acquisitions

In 2025, dealmakers face a host of uncertainties, from global conflicts to a volatile economy amid tariff wars. In this environment, every publicly traded corporation needs an M&A strategy. Is it a buyer or a seller? Is it prepared to respond to an adequately priced offer from a credible bidder? What’s the smartest way to deploy a poison pill, if at all, and how can the board intelligently try either to fend off an attack or negotiate for a higher price? How can companies prepare to withstand antitrust review of mergers and acquisitions? This session will convene leading experts to discuss best practices in board engagement with M&A strategy and implementation, from both the buy and sell side. The panelists will explore 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 how boards can build a record that will withstand inevitable litigation scrutiny.