Going Private 2012: Doing the Deal Right

February 23, 2012

Event| Corporate Transactions| Corporate & Chancery Litigation

Attendees of this PLI seminar will learn what it takes to get a deal done and what a transaction looks like—from start to finish. They will be able to avoid embarrassing challenges to their transactions and learn the necessary practice tools to do going private transactions from a knowledgeable faculty.

Topics will include:

  • Is going private a viable alternative for a public company?
  • What are the key drivers when deciding to go private?
  • What are the fiduciary duty considerations?
  • Should the board of directors form a special committee?
  • Who are the key players in a going private transaction?
  • What are the key issues in negotiation strategy?
  • Are there special rules for dealing with private equity firms?
  • How to ensure that the transaction will close?
  • Are there steps to take to avoid issues with the SEC?
  • What financing alternatives are available for going private transactions?
  • What are the continuing effects of credit and equity market instability?
  • Is litigation a foregone conclusion in a going private transaction, or are there steps you can take to avoid it?

Bill Haubert will speak on a panel entitled “The Legal Framework for the Transaction,” which will explore:

  • What standard of review applies—Business judgement? Revlon? Entire fairness?
  • How to sort out relevant case law.