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Kevin Cloutier is a partner in the Labor and Employment and Business Trials Practice Groups.  Kevin is the Leader of the Firm's Non-Compete and Trade Secrets Teams.

A recent decision by a New York federal district court illustrates significant potential pitfalls for sellers in leveraged buyouts and similarly structured transactions.  In particular, it highlights the potential risks under fiduciary duty theories to directors and private equity-appointed directors, even in multi-step transactions with customary disclaimers and exculpatory by-laws.
Continue Reading Sellers Beware: Fiduciary Duty Risks to Directors