M&A Financial Advisor Liability: Lessons from Recent Delaware Rulings

Description

Financial advisors play a key role in assisting companies in their evaluation and implementation of M&A transactions. Given advisors' significant role, boards of directors of corporations considering engaging in an M&A deal must take appropriate steps to address potential advisor conflicts of interest as part of their efforts to maximize value for stockholders.

Recent opinions issued by the Delaware courts have addressed the risk of liability for financial advisors and boards of directors in M&A deals, particularly where conflicts of interest are not adequately disclosed or addressed. Other recent decisions have provided insights into the way the Delaware courts are evaluating settlements of M&A litigation.

Listen as our panel of accomplished attorneys draws on their M&A and litigation experience representing companies and their financial advisors to discuss recent Delaware decisions addressing the role of financial advisors in M&A deals, including cases on aiding and abetting liability, M&A litigation settlements, and fairness opinions.