Excerpts: “The Battle Over ‘Going Private’” When a public company goes private—that is, eliminates its outside stockholders by one of several means such as merger, reverse stock splits or buying back shares—who should regulate the substance of the transaction? Should it be the Federal Government, through the Securities & Exchange Commission which watches over the […]
Arthur Borden
Excerpts: “Market Place.” In a recent article in the New York University Law Review, Arthur M. Borden argued that going‐private transactions are not only legal but also desirable—in certain circumstances. Mr. Borden, a member of the New York bar and adjunct associate professor of law of the New York Law School, believes, however, that there