Shearman And Sterling

Event Nov 19, 2020

Would Your M&A Transaction Withstand a Shareholder Challenge

  • Webinar

On November 19, 2020, Global Managing Partner & Global M&A Practice Group Leader George Casey and M&A Litigation partner Alan Goudiss led a panel discussion together with Dawn Zier, former CEO of Nutrisystem and a director for Hain Celestial, Prestige Consumer Healthcare and Spirit Airlines, during the Corporate Board Member’s 16th annual Boardroom Summit conference. The session titled “Would Your M&A Transaction Withstand a Shareholder Challenge” explored boards’ role in M&A transactions, the issues that boards need to pay attention to when their company is being sold or when the company is a buyer and how boards can influence the success of M&A transactions, going beyond the execution of fiduciary duties, and making sure that proposed transactions align with company strategy and culture (including its values and ESG priorities) and are supported by a robust due diligence process. The panel discussed issues shareholders are most sensitive to and how boards should address shareholders’ concerns and can minimize potential deal-related litigation risks.