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