On December 1, Smart Business Dealmakers quoted Jayne Juvan in “Flexibility Has Advantages in Deal Negotiotions.” Jayne said that from a deal standpoint, Ohio is an interesting jurisdiction compared to Delaware.

Summarizing Jayne’s comments, Smart Business Dealmakers reported, “In Delaware, if the company has a diversified ownership base, there’s a duty to maximize price in a transaction. Price, she says, drives the process and has a tendency to lead to a competitive auction, which helps ensure fiduciary duties are being fulfilled. In Ohio, she says, there’s a stakeholder statue [sic] where the seller can consider not just price maximization, but also the interests of other stakeholders, such as employees, suppliers and vendors, even the local economy.”

“So,” Jayne said, “there’s a lot more flexibility in Ohio when  you go through a sales process.”

Read the article here.