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“Choose Your Board Seats Carefully,” Private Equity Manager

May 20, 2010

Robert B. Bell, Co-Chair of the Antitrust practice group, authored the article “Choose Your Board Seats Carefully,” published in Private Equity Manager on May, 20, 2010.  Mr. Bell’s article examines Section 8 of the Clayton Act, which states that “[n]o person shall, at the same time, serve as a director or officer in any two [competing] corporations.”  He describes what Section 8 prohibits, explains the key limitations on the reach of Section 8, notes when interlocks may be challenged under Section 5 of the FTC Act, and suggests steps private equity firms can take to reduce their exposure to investigations and lawsuits.

Download: To read the article, click here. (PDF, 96.92 K)

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Robert B. Bell
 
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