Partner Gardner Davis was quoted in an Agenda article published on April 28, 2014, titled “Directors, Beware of Bad Advice.” The article emphasized the importance of directors carefully examining conflicts of interest throughout mergers & acquisitions, given the recent Delaware Chancery Court ruling that makes financial advisors liable for aiding and abetting directors’ breach of fiduciary duties. Davis said the ruling demonstrates a recent trend of increased scrutiny on staple financing, which is the practice of providing both sell- and buy-side financing.
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