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In dealing with public companies, there is a wealth of publicly available information due to mandatory filings for shareholders. However, most buyers still require due diligence on these companies. This situation provides significant leverage to the target company's board, as potential buyers could opt for hostile actions to bypass them. Therefore, it is crucial for the board to protect confidential information, not only from a confidentiality standpoint but also to maintain control over the process involving buyers. Access to confidential information typically comes at a cost to ensure that the board remains engaged in discussions with prospective buyers.
