June 18, 2025
BLB&G Partner Anya Freedman explores strategies and model policies to ensure pension funds maximize recoveries and hold corporate insiders accountable in the article “Don’t Leave Money on the Table: Strengthening Board Policies to Monitor and Litigate Corporate Governance Actions Arising from Mergers and Acquisitions” published by SACRS Magazine.
In the article, Anya highlights the importance of robust policies for public pension fund boards in overseeing M&A-related corporate governance litigation. She recommends pension funds update their securities litigation policies to include monitoring mechanisms, engage expert legal counsel, and conduct confidential investigations into fiduciary breaches. Anya concludes that by strengthening policies to address both derivative and direct actions, pension boards can ensure their fiduciary duties are upheld, protect their equity investments, and potentially recover substantial financial gains—essential steps to maximize value in M&A transactions and maintain the integrity of their investment strategies.