Navigating a Forced Sale

Corporate partner Doug Raymond and associate Jenn Lucas authored an article for Directors & Boards to that offers guidance on selling a company under pressure and how boards must be able to justify their reasoning and explain why their decisions are best for stockholders.

The authors discusses that, when a company has no choice but to sell, boards should aim to demonstrate that the sale was the best available option under the circumstances and other options were, to the extent possible, explored in good faith. Directors need to be able to articulate exactly why they are trying to sell and be prepared to defend the timing and process of a sale, even in exigent circumstances.

The full article is available to Directors & Boards subscribers.