Kobre & Kim and the Impact of ‘Weinstein Clauses’ on M&A Investigations in the The Wall Street Lawyer


December 19, 2018

Publication: The Wall Street Lawyer

A team of Kobre & Kim attorneys – Lindsey Weiss Harris, Hartley M. K. West, and Danielle Rose – explain the rise of the “Weinstein Clause” in merger agreements in the December 2018 issue of The Wall Street Lawyer newsletter. Specifically, the attorneys examine how the clause has elevated sexual harassment into an M&A due diligence issue that is increasingly likely become the subject of litigation. “How investigations of allegations [of sexual harassment] are conducted can be critical to deal value,” the team explains, “as well as to the interests of the deal parties and their respective shareholders.”

Understanding the full extent of the #MeToo movement – and how it has made sexual harassment a meaningful M&A issue – should be a critical consideration for boards of directors engaged in M&A activity.

Read the full article here.