The Board Observer: Considerations and Limitations

NYSE Public Company Series: Board Structure and Composition

P. Michelle Gasaway Jeremy A. Winter

Appointing a board observer has long been a tool in an investor's arsenal, allowing them to monitor and participate in the activities and decisions of a company's board of directors. Partners Jeremy Winter and Michelle Gasaway discuss the role, rights, limitations and regulatory considerations of board observers in private and public companies, including access to information, liability and recent regulatory scrutiny related to antitrust laws and foreign investment oversight.
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