Caught in a Bind? Ethical Dilemmas in PE Deal Negotiations

Ethical dilemmas are inevitable issues that PE lawyers will need to address during deal negotiations.

In this webinar, led by Morrison & Foerster partners Timothy Blakely, Marcia Ellis, Sarah Thomas, Serena Tan, and Nicholas Sheets, we will explore ethical dilemmas using scenarios commonly experienced during PE deal negotiations. We will discuss what is permitted under New York and California ethics rules and how these issues may be viewed differently under Hong Kong rules.

Following content presented by the speakers, you will have the opportunity to break into small discussion groups to explore real life scenarios, including what to do if:

• You discover that the counterparty has made some incorrect assumptions about matters of fact related to your fund;
• Incorrect statements are made to the counterparty by investment personnel from your fund during negotiations;
• A member of the business team of the counterparty (which you know is represented by outside counsel) calls you directly; and
• There are clear conflicts of interest between the founder and the counterparty, and they are not separately represented.