Frank Aquila, S&C’s global head of M&A, examines important factors for corporate boards to consider when forming a special committee to mitigate potential fiduciary duty concerns and legal risks. These factors include the benefits of a special committee; how and of whom such a committee should be composed; ensuring the committee has adequate support from advisors; and the importance of clear guidelines for interaction between the special committee and the board or other company representatives, as well as between the special committee and advisors. Frank’s column, which takes the form of a memorandum to board directors, was published in the October/November issue of Practical Law: The Journal. To read the column, click here.
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