Investigation Overview
After Skilled Healthcare Group, Inc. said it is exploring strategic options, including a possible sale an investigation on behalf of investors Skilled Healthcare Group, Inc. (NYSE:SKH) monitoring a potential takeover also concerning possible breaches of fiduciary duties was announced.
The investigation by a law firm concerns whether Skilled Healthcare Group, Inc. and certain of its officers and directors or others will breach or breached their fiduciary duties owed to Skilled Healthcare Group, Inc. (NYSE:SKH) investors in connection with a potential buyout or in the event of a takeover.
Shares of Skilled Healthcare Group, Inc. (Public, NYSE:SKH) fell during 2010 to as low as $2.16 per share but increased since then to over $14 in March 2011. Then on April 11, 2011, Skilled Healthcare Group announced that its Board of Directors has engaged J.P. Morgan Securities LLC to assist the company in exploring strategic alternatives, including also a potential sale of the company.
However, given that Skilled Healthcare Group, Inc. has performed well for its investors in the past, the investigation by a law firm questions whether a potential sale process and the potential price would be unfair to the shareholders of Skilled Healthcare Group, Inc. (NYSE:SKH). Skilled Healthcare Groups 12months Total Revenue rose from $634.61million in 2007 to $820.24million in 2010.
The investigation focuses whether the Skilled Healthcare Group board of directors will undertake an adequate and fair sales process to obtain fair consideration for all shareholders of Skilled Healthcare Group, Inc. (NYSE:SKH) and will breach their fiduciary duties to Skilled Healthcare Group (SKH) shareholder by failing to adequately shop the Company before entering into any transaction. In addition the investigation seeks also to determine if any officer, director or any insiders violated any laws in connection with a potential takeover. The investigation concerns also whether the acquirer would underpay for NYSE:SKH shares, thus unlawfully harming Skilled Healthcare Group investors. A potential class action lawsuit would seek to maximize the amount of money and information Skilled Healthcare shareholders would receive in a buyout, so the law firm.