American Conference Institute's Summit on Merger & Acquisition Litigation

Brandon Williams was a featured speaker during the session "Ethical Considerations and Best Practices for Litigating Suits Stemming from the M&A Transaction" on February 21, from  9:15 a.m. - 10:30 a.m., at this conference sponsored by the American Conference Institute.   The following topics were covered during the session.

• Negotiating a settlement deal that keeps in mind the best interests of the corporation 
• Creating an evolving ethical framework in all areas of business activities 
• Ethical issues arising under the prospects of multijurisdiction litigation 
• Knowing when privilege attaches 
• Which ethical rules apply to attorneys involved in different aspects of M&A and lending transactions 
• Understanding how ethical issues can arise in the midst of transactions and subsequent litigation: 
  • Possible defenses 
  • Litigation challenges 
• Ensuring truthfulness in negotiations and the so-called “anti-contact” rule 
• Expanding culture of ethics to an acquisition company

Conflict of Interest 

• Analyzing conflicts of interest and the appearance of conflicts of interest with respect to directors and every member of a deal team 
• Conducting comprehensive due diligence and communication checks 
• Developing a defense for plaintiffs' bar claims that the board has conflicts of interest 
• Understanding residual-owed fiduciary duties 
• Preparing for an entire fairness review under Delaware law 
• Fully disclosing conflict situations to shareholders

February 19-21, 2014
Bally's Las Vegas / Las Vegas, NV