Over the past year, the U.S. Department of Justice has garnered headlines by issuing press releases announcing that directors have stepped down from 10 company boards, in response to DOJ concerns that their roles violated the Clayton Act’s Section 8 prohibitions on interlocking directorates.In October 2022, the DOJ announced the resignation of directors from the boards of five companies. Another round of resignations was announced in March 2023: Five directors resigned from four corporate boards, and one company declined to exercise board appointment rights. In a recent article published on Law360, Cooley partners Howard Morse, Parker Erkmann and Nicollette Kirby discuss the implications of the recent board crackdowns.

To learn more please see the recent Law360 article

Posted by Cooley