Managing Your Investment in the Private Equity Space: Who Wears What Hat, When, and Where [CC]

Managing Your Investment in the Private Equity Space: Who Wears What Hat, When, and Where [CC] — CLE 90 min

From the 2023 Business Law Section Fall Meeting: Sitting in between two chairs or wearing two hats at the same time - regardless of the expression used, being a nominee director can be a balancing act. Nominee directors are a central feature of the private equity and venture capital landscapes: where an investor acquires a significant percentage of a company, it typically seeks representation on the company's board. There is nothing intrinsically wrong with this arrangement; however, nominee directorships also carry the potential for conflicts of interest - specifically, the risk of the nominee director's loyalty being divided (or appearing to be divided) between, the company on whose board the director serves and, alternately, the nominating shareholder.

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Closed captioned.

This program will explore some of recent decisions in Delaware and in Canada that highlight this tension, and provide a reminder of the duties and potential liabilities of nominee directors. The program will include practical guidance regarding how to mitigate risks arising in the nominee director context, both in M&A transactions and post-closing.

Co-sponsors

International Business Law, International Coordinating, Mergers and Acquisitions, Private Equity and Venture Capital

Panelists

Caitlin Rose, Enoch Chang, Jacob Michael Croke, Neal J Reenan

Sponsors

Business Law Section

Product Code

CL2309HSAM06OLC

Duration

90

Publication Date

9/7/2023 12:00:00 AM

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