Shareholder Activism Defense
Shareholder activism continues to be a pressing concern for most public companies and their boards of directors, and companies are increasingly interested in being well prepared for the possibility that they may be targeted by an activist shareholder. That preparation includes assembling a team of trusted and seasoned advisers with a deep understanding of the activist shareholder playbook.
Our company-side shareholder activism defense team advises public companies of all sizes based in the United States, Asia, and Europe. Our lawyers counsel clients in a wide array of industries in preparing for and responding to high-profile proxy contests, special meeting demands, consent solicitations, withhold and “vote-no” campaigns, shareholder proposals, and other activist shareholder campaigns, as well as contests for corporate control and contested merger and acquisition situations.
We also advise on the latest techniques for minimizing a company’s vulnerability to activist shareholders, the adoption and implementation of state-of-the-art bylaws, “poison pills” and other takeover defenses, shareholder engagement, strategic and investor communications, board composition enhancement, and board advisory and corporate governance matters.
We frequently counsel boards of directors, special committees, and management on strategic alternatives, defensive tactics, and mergers and acquisitions transactions. Our securities litigation group complements the capabilities of our corporate and transactional team with extensive experience in litigation matters involving corporate governance, proxy contests, going-private transactions, and hostile transactions.
Strategic Counsel for Companies
We work closely with companies to develop proactive strategies for engaging with shareholders and addressing activist challenges. Our services include advising on corporate governance and organizational document enhancements, shareholder communication strategies, and defensive tactics to mitigate activist pressures, both potential and actual.
Litigation and Regulatory Compliance
Our veteran litigators offer robust representation in shareholder disputes, regulatory inquiries, and litigation arising from activist campaigns. We also ensure compliance with applicable securities laws and regulations to mitigate legal risks for both companies and activists.