Debevoise & Plimpton Special Committee Report Issue 8
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- A version of this article also appeared in Harvard Law School Forum on Corporate Governance on August 12, 2024. Access that version here.
Key Takeaways:
- This issue of the Debevoise & Plimpton Special Committee Report surveys corporate transactions announced during the first half of 2024 that used special committees to manage conflicts and reviews key Delaware decisions during that same period ruling on issues relating to the use of special committees.
- The Report discusses the recent focus by the Delaware courts on financial advisor conflicts, including engagement structures that arguably align target advisor incentives with those of conflicted fiduciaries.
- In light of the sharp focus by the Delaware courts on financial advisor conflicts, the Report also offers recommendations relating to the disclosure of conflicts and alignment of incentives.