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Managing Corporate Governance Issues in M&A

Inside the Minds
2010

Merger and acquisition (M&A) litigators work seamlessly with their corporate counterparts to advise companies, along with special committees, on fiduciary duties, director independence, liability risks, and potential avenues of litigation. M&A corporate and litigation counsel must ensure that the board of directors is fully informed with respect to its fiduciary obligations. The M&A litigator can also assist at the outset of a proposed transaction in evaluating the corporate strategy and in shaping representation, discovery, and disclosure strategies to maximize the probability of success if the transaction is challenged.