Governance


Heightened public scrutiny and shareholder activism, new disclosure and legal requirements, and increased litigation risk have pushed companies to pay closer attention to their governance practices.

With our broad base of industry experience across legal disciplines, we offer governance solutions that align with the latest regulatory requirements and your strategic business goals.

Dykema’s 19th Annual M&A Outlook Survey

We canvassed CEOs, CFOs, and other professionals involved in M&A activities with their respective firms to gauge their insights and perspectives on the M&A market in the coming 12 months.

The results provide a snapshot of the M&A market and the economy this year and how they compare from previous years.


We counsel boards of directors of public, private, and nonprofit entities to help them fulfill their fiduciary duties and responsibilities to stakeholders in a wide variety of circumstances, including:

  • evaluation of management and third-party buyout proposals
  • succession planning
  • documentation of codes of conduct, governance-related policies, and committee charters
  • board self-evaluation processes
  • risk management oversight and corporate compliance oversight
  • responding to an unsolicited offer to acquire the company

Our lawyers also bring deep experience and resources to bear on the issues that confront board committees, such as audit, compensation, and special committees. Our knowledge of state and federal laws, coupled with our experience in corporate governance and compliance across a wide range of industries, helps us  provide valuable guidance to board committee members in a number of critical areas. These may include:

  • reviewing and documentation of executive compensation and termination arrangements
  • evaluation of conflicts of interest and director independence issues
  • conducting internal investigations and internal reviews of alleged wrongdoing
  • structuring a process to ensure fairness of a related party transaction and to minimize associated litigation risk
  • discharging fiduciary duties in the context of a review of strategic alternatives to the company’s long term strategic plan
  • discharging fiduciary duties, evaluation, and negotiation of the terms of a transaction and interfacing with financial and other committee advisors in the context of a sale of the company
  • evaluating and responding to a shareholder derivative litigation demand

Latest News and Insights

Legal Alerts4.22.24

2024 M&A Volume Off to a Tepid Start

We had hoped to see deal volume accelerate this year, but it seems the market is still challenged by…

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Podcasts3.12.24

How are M&A deals structured in the cannabis industry?

Like most other practices in the cannabis industry, conducting M&A activity within this space…

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Legal Alerts3.6.24

Corporate Transparency Act Held Unconstitutional in Alabama Federal District Court

The Corporate Transparency Act (“CTA”), which came into effect this year, suffered its first blow in…

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