“Bored?”: Get Ahead with This Fiduciary Duties of the Board in M&A Transactions Presentation

A board of directors generally owes duties of loyalty and care to a corporation and its stockholders under Delaware law. And in most general matters, the starting point for considering director duties is the business judgment rule, a presumption that in making the decision to effect a merger, sale, or acquisition of a company, the directors and officers acted on an informed basis, in good faith, and in the belief that the action was in the best interests of the corporation. However, the duties a board owes in the context of an M&A transaction, and whether the business judgment rule is applied, depends on circumstances related to the specific transaction, including the transaction type. M&A attorneys must be up to speed on the duties of a board in any given M&A transaction, and Practical Guidance has you covered! Be prepared to advise your clients on board duties in M&A transactions, including merger, stock purchase, and asset purchase transactions, with this board presentation.

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