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 Alerts6.26.24

One Minute Matters [Video]: Could You Be Breaking the SEC's New Insider Trading Regulations? (with Will Liebmann)

In a landmark win, the SEC found a former executive liable for insider trading after he allegedly…

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Legal Alerts6.18.24

One Minute Matters [Video]: Could a Hidden Liability Derail Your Next Acquisition? Here's How to Negotiate Stronger Indemnification Clauses (with Nick Monaghan)

You've just finalized an acquisition, only to later discover a costly legal dispute the seller…

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Legal Alerts6.7.24

One Minute Matters [Video]: Should Dealmakers Pump the Brakes on Bank M&A? What You Need to Know About the FDIC & OCC Proposals (with Jeff Gifford)

Are bank mergers about to become a lot more challenging? Jeff Gifford breaks down what dealmakers…

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