April 09, 2024 | New York Law Journal
Splitting Brains: Shareholder Use (and Misuse) of Confidential Board InformationTwo recent cases address the question: "How and when that shareholder can use confidential information gained by reason of that board seat?" Authors Adrienne Ward and Elizabeth Gonzalez-Sussman, provide an overview of the cases and offer guidance for activist and institutional investors. They outline distinctly different rulings, why opposite results were reached, and how institutional investors and activists should approach placing directors on a board.
By Adrienne Ward and Elizabeth Gonzalez-Sussman
9 minute read