Deal Process Design in Management Buyouts

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Guhan Subramanian, Joseph H. Flom Professor of Law and Business at Harvard Law School and H. Douglas Weaver Professor of Business Law at Harvard Business School, identifies four factors that can create an unlevel playing field in MBOs in “Deal Process Design in Management Buyouts.” Published in the Harvard Law Review in December 2016, this article also identifies more potent deal process tools that special committees can use to level the playing field and ways that the Delaware courts can encourage the use of these more potent devices when appropriate. The result would be improved deal process design in MBOs and improved capital formation in the economy overall.

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