Bloomberg Law
Feb. 28, 2023, 10:00 AM

ANALYSIS: Young Public Companies Want to Come Back Inside

Andrew Miller
Andrew Miller
Legal Analyst

Private equity firms are expected to show a strong interest in take-private transactions in 2023, and low stock prices mean that shareholders may not appreciate the timing. Turbulence in public equity markets is increasing the likelihood that shareholders of public companies will allege that their boards of directors breached fiduciary duties after accepting low acquisition offers in take-private transactions.

Private equity funds have record amounts of available capital with a dwindling number of private companies to purchase. Simultaneously, low share prices are making some public companies attractive investments. These factors have created a buyer’s market in which boards of target ...

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