This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

Top Deals

Feb. 6, 2014

David A. Breach

Kirkland & Ellis LLP San Francisco


When a company is sold, its board must show that it has shopped around for the best deal. The buyer, on the other hand, will require its target company to either market itself to other buyers for a limited time or stop doing so altogether.


When Breach was representing private equity firm Vista Equity Partners in its $1 billion bid to take cybersecurity company Websense Inc. private, he took an unusual approach to crafting a "no-shop provision."

<...

To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!

Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)

Already a subscriber?

Enewsletter Sign-up