Real World Examples of Circumstances That May Taint a Deal Process

Harvard Law School Forum on Corporate Governance

Sonia K. Nijjar Jenness E. Parker Claire K. Atwood

Partners Sonia Nijjar and Jenness Parker and associate Claire Atwood discuss the lack of hard-and-fast rules for dealing with conflicted fiduciaries who are involved in a deal. The authors look at four recent Delaware decisions that provide boards with guidance on ways to protect the integrity of a deal — and situations to avoid.