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    1. Poison Pill Deep Dive Series: Triggering Percentage

      Poison Pill Deep Dive Series: Triggering Percentage

      The fourth of a six-part series examining six specific and evolving rights plan provisions. As discussed in greater detail in some of our prior articles, [1] a shareholder rights plan is a protective measure used by a public company to deter (though not necessarily prevent) a stockholder from exceeding a specified ownership percentage without prior approval from the company’s board...

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    2. Thoughts For Boards Navigating In Turbulent Conditions

      Thoughts For Boards Navigating In Turbulent Conditions

      Embed To embed, copy and paste the code into your website or blog: A board of directors’ vision and leadership becomes particularly vital during times of distress. While day-to-day operations rest with management, both fiduciary duty law and sound corporate governance practices call for the board to set a tone at the top of the company and establish its overarching strategy...

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    3. Poison Pill Deep Dive Series: Acting In Concert

      Poison Pill Deep Dive Series: Acting In Concert

      The third of a six-part series examining six specific and evolving rights plan provisions. As discussed in greater detail in some of our prior articles, [1] a shareholder rights plan is a protective measure used by a public company to deter (though not necessarily prevent) a stockholder from exceeding a specified ownership percentage (the “ownership threshold”) without prior approval from the company’s board...

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    4. Delaware Bankruptcy Court Rules that Shareholder Cannot Enforce “Golden Share” Blocking Right to Dismiss Bankruptcy Filed Without its Consent

      Delaware Bankruptcy Court Rules that Shareholder Cannot Enforce “Golden Share” Blocking Right to Dismiss Bankruptcy Filed Without its Consent

      As the COVID-19 pandemic continues to disrupt businesses and markets, and companies begin to look to bankruptcy courts for relief from the resulting liquidity and operational distress, the issue of creditor and shareholder “blocking rights” seems likely to become an important topic as parties attempt to protect their investments...

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    5. The Importance of a Startup’s Board of Directors

      The Importance of a Startup’s Board of Directors

      Countless new businesses, commonly known as “startups,” are launched each and every day, and while some of them may have better business models than others, a startup’s ability to successfully grow from a seed into a stable, mature, and profitable business often depends on much less perceptible decisions. In particular, one of the most overlooked, yet incredibly important challenges every startup faces, is the selection of its board of directors...

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