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Private Equity and Other M&A Transactions: Whose Side are You on?
Author(s): Chu Steinberg, Jenny
Date:  May 1 2007
Several recent high-profile cases have highlighted the issue of senior management engaging in discussions with potential private equity acquirors without reporting to the Board and obtaining Board authorization. Conflicts can arise if the potential acquirors offer management continuing employment and equity in the company. This paper outlines the challenge for in-house counsel and some practical steps to take in preventing conflicts.
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