Buyer Beware: The Fiduciary Duties of a Buyer’s Board

Posted by Mark A. Morton, Potter Anderson & Corroon LLP (Delaware), on Thursday May 24, 2007 at 4:11 pm
  • Print
  • email
  • Twitter
Editor’s Note: This post is by Mark A. Morton of Potter Anderson & Corroon LLP.

Michael Pittenger, Michael Reilly, and I have prepared an article, Buyer Beware: The Fiduciary Duties of a Buyer’s Board, on Vice Chancellor Parsons‘s decision in Energy Partners, Ltd. v. Stone Energy CorpThe article discusses the fiduciary duties of buyer boards and posits that buyer boards may, in the appropriate circumstances, need to bargain for contractual flexibility to deal with jumping bids for the buyer.  The article was published in the Spring 2007 issue of Deal Points, the official publication of the Negotiated Acquisition Committee of the American Bar Association.

The full article is available for download here.  In addition, the article may be found on the Potter Anderson & Corroon website in our publications collection.

  1. Very helpful analysis. Thank you.

    Comment by francis pileggi — May 24, 2007 @ 10:07 pm


Add your comment below:


(required but not published)

RSS feed for comments on this post. TrackBack URI

  •  » A "Web Winner" by The Philadelphia Inquirer
  •  » A "Top Blog" by LexisNexis
  •  » A "10 out of 10" by the American Association of Law Librarians Blog
  •  » A source for "insight into the latest developments" by Directorship Magazine