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activism

Wachtell Lipton Discusses Mergers and Acquisitions—2020

By Wachtell, Lipton, Rosen & Katz January 23, 2020 by renholding

Despite ebbs and flows of global economic uncertainty, M&A activity remained robust in 2019.  Total deal volume reached $4 trillion globally, a slight decrease from the $4.1 trillion volume in 2018, but higher than the $3.5 trillion in 2017.  The …

The Dark Side of Hedge Fund Activism: Evidence from Employee Pension Plans

By Anup Agrawal and Yuree Lim December 12, 2019 by renholding

Shareholder activism is an investment strategy that investors such as hedge funds (HFs) use to increase the value of their investment by intervening in the management of a targeted firm. Activists can nudge management to take shareholder-friendly actions such as …

Wachtell Lipton Discusses Shareholder Activism in France as Model for U.S.

By Martin Lipton and Joshua R. Cammaker November 11, 2019 by renholding

In response to the sharp increase in campaigns by activist hedge funds in France and Europe generally, a French commission has conducted an extensive investigation and issued a carefully researched, reasonable and balanced report recommending regulatory and procedural changes to …

The Long-Term Effects of Shareholder Activism

By Emmanuel Pezier June 26, 2019 by renholding

Shareholder activism is growing in popularity across the world and appears to deliver mostly benign results for firms and stockholders. However, testing the effects of activism is problematic.  For at least 30 years, researchers have recognized the difficulty of causal …

Institutional Investors, Corporate Governance, and Stewardship Codes

By Simone Alvaro, Marco Maugeri and Giovanni Strampelli June 11, 2019 by renholding

As stewardship by institutional investors is an integral part of an adequate system of corporate governance, the growing diffusion of stewardship codes can be seen as a principal reaction to institutional investors’ reticence in monitoring the companies they invest in. …

Wachtell Lipton Discusses Board Development and Director Succession Planning

By Sabastian V. Niles June 11, 2019 by renholding

The intensifying spotlight turned on boards of directors and management teams by investors prompts a fresh look at how public companies approach board development, director succession planning and refreshment in advance of an activist attack, shareholder unrest or a crisis …

Managerial Activism and Its Role in the Corporate Sector

By Senay Agca and Asli Togan Egrican May 31, 2019 by renholding

While shareholder activism has drawn close attention, the activism of managers has been largely overlooked. One way CEOs may engage in activism is through collective action in business groups. This type of activism allows managers to coordinate among themselves and …

The Case for Dual Class Shares

By Yvan Allaire February 8, 2019 by renholding

In recent times, the simmering feud between the church of the one share-one-vote and the heretic believers in shares with unequal voting rights has boiled over, particularly in the U.S.

The arguments pro and con this type of capital structure …

Wachtell Lipton on Dealing with Activist Hedge Funds and Other Activist Investors

By Martin Lipton, Steven A. Rosenblum, Karessa L. Cain and Sabastian V. Niles February 4, 2019 by renholding

Regardless of industry, size or performance, no company should consider itself immune from hedge fund activism.  No company is too large, too popular, too new or too successful.  Even companies that are respected industry leaders and have outperformed the market …

Private Benefits and Corporate Investment and Financing Decisions: The Case of Corporate Philanthropy

By Ronald W. Masulis and Syed Walid Reza January 31, 2019 by renholding

What is the opportunity cost of private benefits of control? Using dollar cost of corporate giving to measure private benefits of control, we show in a recent study that (i) the consumption of private benefits creates a managerial aversion to …

Activism Pressure and the Market for Corporate Assets

By Ulrich Hege and Yifei Zhang January 23, 2019 by renholding

The rise of shareholder activism, and its recent international expansion, have led researchers to look at many aspects of hedge fund activism. Academic papers have almost exclusively focused on the effects on firms targeted in activist campaigns. But the intense …

Wachtell Lipton Discusses Mergers and Acquisitions — 2019

By Wachtell, Lipton, Rosen & Katz January 22, 2019 by renholding

As a whole, 2018 proved to be another strong year for M&A.  Total deal volume reached almost $4.2 trillion globally, higher than the $3.7 trillion volume of 2017, but still less than the record of over $5 trillion set in …

Hedge Fund Activism Is About More Than Making a Quick Buck

By Jie (Michael) Guo, Vinay Utham and George Jiaguo Wang January 15, 2019 by renholding

Debate continues to rage among politicians, professors, senior lawyers, and members of the media over the regulation of hedge fund activism. The primary criticism is that, in the absence of merger and acquisition activity, such activism does not create value …

5 Comments  

How Lenders React When Activists Target Borrowers

By Sandeep Dahiya, Issam Hallak and Thomas Matthys January 9, 2019 by renholding

A number of recent news stories have recounted the quick and dramatic changes that activist hedge funds trigger in the companies they target. In the Atlantic magazine, for example, a 2016 article describes DuPont’s decision to cut 10 percent of …

Wachtell Lipton on the State of Play of Activism at Year-End 2018

By Martin Lipton and Zachary S. Podolsky January 3, 2019 by renholding

As we noted in early 2018, the threat of activism continues to be high, and has become a global phenomenon.  The conclusion of a volatile and dynamic 2018 prompts a brief update of the state of play.

  • Activist assets under
…

Wachtell Lipton Offers Thoughts for Boards of Directors in 2019

By Martin Lipton, Steven A. Rosenblum, Karessa L. Cain, Amanda S. Blackett and Kathleen C. Iannone December 20, 2018 by renholding

In recent years, it has become increasingly evident that the activism-driven corporate world is relatively fragile and is proving to be unsustainable, particularly when viewed in the broader context of rapidly changing political and social norms and increasing divisiveness across …

Delaware’s PLX Decision Reminds Corporate Boards of Perils of Navigating Activist Campaign

By Eduardo Gallardo November 29, 2018 by renholding

A recent decision of the Delaware Court of Chancery highlights the need for boards of directors of Delaware publicly traded companies to develop heightened awareness and vigilance in responding to shareholder activists, particularly those following a short-term agenda of putting …

1 Comment  

Wachtell Lipton Discusses Default Activism in the Debt Markets

By Steven A. Cohen, Joshua A. Feltman, Emil A. Kleinhaus and John R. Sobolewski November 26, 2018 by renholding

We have recently seen an increase in contentious disputes, some public and many not, between companies and their debt investors.  Clashes between borrowers and their lenders are as old as debt itself, but what we are seeing now is something …

Shareholder Activism Through Say-on-Pay

By Konstantinos Stathopoulos and Georgios Voulgaris October 30, 2018 by renholding

Shareholder activism around the world has increased substantially over the last few years (see here and here for recent examples). Empowered shareholders seek to discipline management and voice their dissatisfaction with specific corporate decisions. A particular source of tension between …

Long-Term Economic Consequences of Hedge Fund Activist Interventions

By Ed deHaan, David. F. Larcker and Charles McClure October 23, 2018 by renholding

Our new academic study examines the long-term effects of interventions by activist hedge funds. Prior studies document positive equal-weighted long-term returns and operating performance improvements following activist interventions, and typically conclude that activism is beneficial to shareholders. We challenge and …

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Each business day, our team sifts through blog posts, news stories, and other sources to keep up-to-date on relevant recent developments. The following links will take you to our recommended selections. To see the sources we follow click Filter Sources.

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M&A Deal Activity Dropped Last Month
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Warner Bros: Ellisons Misled Investors
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Beware M&A Deal Jumping
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Warner Bros to Reject Paramount Bid
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Chancery Nixes Fraud, Aiding-Abetting Claims Against Seller, Controller
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SpaceX May Soon Launch an IPO
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Bandera Fund Case Back in Chancery
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Trump Takes Aim at Proxy Advisers
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D&O Diary
Does Issuance of Stock to Settle a Shareholder Suit Constitute “Loss”?
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Delaware Chancery Affirms High Bar for Challenging Advance Notice Bylaws
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Bill Would Force SEC Disclosure of Stock Trades by Foreign Insiders
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New York Times
Trump Arrives, SEC Retreats on Crypto
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More Corporate Tax Breaks Coming
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Delaware Business Litigation Report
Delaware Supreme Court OKs Amazon Investor Push for Antitrust Probe
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New York Times
Do Kwon Sentenced to 15 Years
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The Governance Beat
Defense Bill to Impose Section 16 Obligations on Foreign Private Issuers
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Securities Litigation Risk on the Rise
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OCC Accuses Nine Banks of Debanking
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Delaware Business Litigation Report
Chancery Dismisses Claims for Breach of Fiduciary Duty Due to Release
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New York Times
How AI and Dot-Com Booms Differ
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SEC Chair to “Futureproof” Crypto Regs
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Delaware Supreme Court Affirms Two Chancery Court Decisions on M&A
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Nvidia Can Sell More Chips to China
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SEC’s Crenshaw Fears Coming Pain
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PCAOB Picks Face More SEC Delay
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Tidbits from Paramount’s Warner Offer
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Paramount Warner Bid Not So Hostile
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Berkshire Hathaway Shuffles at Top
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Paramount Goes Hostile on Warner Bros
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Money Manager Poseur Hit for Fraud
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Immigration Rules Becoming Deal Focus
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Glass Lewis Updates Benchmark Policy
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SEC Group Guides on AI Disclosure
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SEC Sentinel
SEC Issues 2026 Examination Priorities
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Firms Fare Well in Entire Fairness Trials
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SEC Mulls New Anti-Proxy Adviser Plan
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Wall Street Journal
AI Threatens the Billable Hour
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Kalshi Prediction Market Raises $1 Bln
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Fox News
SEC Ups Chinese Firm Scrutiny in U.S.
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Virtu to Pay $2.5 Million in SEC’s Client Trading Data Case
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SEC Chair: Make IPOs Great Again
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SEC Earnings Fraud, Audit Cases Plunge
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Comcast Bid Seeks to Merge NBCUniversal With Warner Bros.
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Delaware Business Litigation Report
Chancery Dismisses Challenge to Real Estate Investment Fund Capital Call
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Big AI Investments Mute Tariff Impact
December 2, 2025
Law.com
SEC Closes New Fyre Festival Probe
December 2, 2025
Securities Regulation and Corporate Governance Monitor
California Says It Will Not Enforce Climate-Related Risk Reporting Law
December 2, 2025
Bloomberg
Trump Commutes Sentence of GPB Capital Founder David Gentile
December 1, 2025
Wall Street Journal
Court Upholds U.S. Attorney Ouster
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Reuters
Airbus Hit With New A320 Problem
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Dealbook
OpenAI Takes Stake in Thrive Holdings
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Black Friday Sales Hit Record High
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Delaware Legal Fee Awards Excessive?
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Bloomberg
SEC Power to Recoup Illegal Profits at Risk as Supreme Court Eyes Case
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“In Connection With” Strikes Again
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