Activist Battle Tips: ‘Hair-Raising’ Red Flags Detailed At Tulane

March 8, 2024

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Law360

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1 min

Nardello & Co.’s Chairman & CEO, Dan Nardello, shared his expertise at the 36th Annual Tulane Corporate Law Institute’s panel on Activism and ESG Considerations in Deal Making.

Companies attending Tulane University Law School’s annual Corporate Law Institute conference got distinctive insights into how they can responsibly fend off activist investor attacks, heard diverging views about activists’ motivations, and were warned about potential red flags in board members’ pasts.

Nardello said the “best practice” is to be proactive about potential issues with the backgrounds of directors, making sure both legal diligence and investigative diligence are completed before onboarding members. He advised companies to “continue to refresh that diligence with the folks who are already on the board.”

 

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