KirklandPEN Kirkland & Ellis LLP

Private Equity Newsletter - June 20, 2013

This issue includes the article “Custom (Go-) Shopping,” which reports that deal protections terms should not be viewed as a straightjacket dictating inflexible boundaries. Instead, there is room for creativity to tailor market terms to the real-world circumstances of a particular transaction, which is precisely what courts expect boards and their advisors to do.