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activism

Wachtell Lipton Discusses M&A Activity in 2020 and Expectations for 2021

By Wachtell, Lipton, Rosen & Katz February 4, 2021 by renholding

Deal activity (or inactivity) for much of 2020 was driven first by the unprecedented uncertainty and massive global shutdown of the early days of the Covid-19 pandemic, and then propelled by rising markets and confidence as animal spirits anticipated the …

The Causes and Consequences of Increased Cross-border Shareholder Activism

By Mark Maffett, Anya Nakhmurina and Douglas J. Skinner January 26, 2021 by renholding

In a recent working paper, we look at what drives shareholder activism around the world and focus specifically on the role of corporate governance reforms.

Overview

While shareholder activism has been a force in U.S. capital markets for some time, …

Gibson Dunn Offers 2020 Mid-Year Activism Update

By Dennis Friedman, Barbara Becker, Richard Birns, Eduardo Gallardo and Daniel Alterbaum October 16, 2020 by renholding

This Client Alert provides an update on shareholder activism activity involving NYSE- and Nasdaq-listed companies with equity market capitalizations in excess of $1 billion and below $100 billion (as of the close of trading on June 30, 2020) during the …

Freshfields Discusses Trends in Stockholder Activism

By Paul Tiger January 27, 2020 by renholding

While activist campaigns were down slightly year-on-year in 2019, stockholder activism remained a prominent tactic. Looking ahead to 2020, there is no reason to suspect a further decline. Activists notched some big wins over the year, notably Elliott in its …

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 …

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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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Bloomberg
SEC to Interview Guggenheim Staff
September 17, 2026
Cleary M&A Watch
SEC Guides on Activist Fund Disclosure
September 17, 2026
Freshfields' A Fresh Take
California Enacts a Slew of AI Laws
September 17, 2026
Financial Times
Barclays Staff Slams Return-to-Work
September 17, 2026
Business Law Prof Blog
SEC 14a-8 Rescission Proposal Is Here
September 17, 2026
Cooley M&A
KKR to Pay $250mln for HSR Violation
September 16, 2026
Dealbook
Tech Hardware Is in Vogue Again
September 16, 2026
The Governance Beat
How Shareholder Proposals Fared Over Most Recent Proxy Season
September 16, 2026
Financial Times
Rifts Over Safety at Anthropic, OpenAI
September 16, 2026
Delaware Chancery Law Blog
Delaware Court Trims an Earnout Claim
September 16, 2026
Dealbook
AI Regulation Has Strange Bedfellows
September 15, 2026
D&O Diary
The CVS Case and the Emerging D&O Risks of AI-Driven Performance
September 15, 2026
Sidley Enhanced Scrutiny
Delaware Supreme Court Reverses on Justifiable Reliance in M&A Fraud Case
September 15, 2026
Delaware Business Litigation Report
Chancery Grants Spoliation Damages
September 15, 2026
The Guardian
Private Equity Facing Existential Crisis?
September 15, 2026
Wall Street Journal
Malls Are Real Estate’s Top Performer
September 14, 2026
Delaware Business Litigation Report
Chancery Rules in Mutual Deceit Case
September 14, 2026
The Governance Beat
12 Ways AI Affects Firm Disclosure
September 14, 2026
Financial Times
Warsh and Trump on Collision Course
September 14, 2026
D&O Diary
Eighth Circuit Nixes D&O Coverage of Execs’ Personal Loan Guarantees
September 14, 2026
Bloomberg
Anthropic’s AI Warning Is Too Weak
September 13, 2026
Dealbook
A Start-Up Pay Strategy Proves Costly
September 13, 2026
The Governance Beat
Glass Lewis Outlines New Framework
September 13, 2026
Financial Times
Musk, Altman Also Back AI Slowdown
September 13, 2026
D&O Diary
Turns Out FCA Qui Tam Constitutional
September 13, 2026
Wall Street Journal
Crypto Scam Victims Are Fighting the U.S. to Get Their Money Back
September 10, 2026
Delaware Business Litigation Report
Delaware Supreme Court Affirms Arbitration Order in Earnout Dispute
September 10, 2026
Financial Times
Tariff Criticism Dooms IMF Candidate
September 10, 2026
Sidley Enhanced Scrutiny
Chancery Confirms No Best-Price Duty for Public-Benefit Corp. Board
September 10, 2026
D&O Diary
Shareholders Suit Against Apple Follows AI-Linked Copyright Claim
September 10, 2026
Bloomberg
DOJ Says Berkeley Law Discriminates
September 9, 2026
D&O Diary
Is Bank Failure Uptick a Big Deal?
September 9, 2026
Deal Lawyers.com
Designated Directors Walk a Tightrope
September 9, 2026
Corporate & Securities Law Blog
SEC Remakes Transfer Agent Rules
September 9, 2026
Business Law Prof Blog
How IPOs Stack Up So Far in 2026
September 9, 2026
Wall Street Journal
Trump Says He Will Block Canadian Firms From Government Contracts
September 8, 2026
Freshfields' A Fresh Take
9th Circuit in Prediction Markets Split
September 8, 2026
Financial Times
LIV Golf Files for Bankruptcy
September 8, 2026
Cleary Securities Watch
SEC Updates CFI Guidance
September 8, 2026
Business Law Prof Blog
Reincorporations Can Be Costly
September 8, 2026
Financial Times
University Endowments Beat S&P 500
September 7, 2026
Sidley Enhanced Scrutiny
DGCL §144 Safe Harbor Rules Emerge
September 7, 2026
Delaware Corporate & Commercial Litigation Blog
Allegedly Excessive Fees No Defense to Nonpayment of Advance
September 7, 2026
Bloomberg
Delaware Practical Pluses Run Deep
September 7, 2026
Business Law Prof Blog
The Latest on Reincorporations
September 7, 2026
Wall Street Journal
Boeing’s $8.4bn Deal Bleeds Red Ink
September 3, 2026
Bloomberg
Nvidia to Buy Hugging Face for $13bn
September 3, 2026
Dealbook
Did Meta’s Settlement Actually Help It?
September 3, 2026
Financial Times
Black Sues Congress on Epstein Probe
September 3, 2026
Securities Regulation and Corporate Governance Monitor
SEC Proposes E-Delivery Disclosure
September 3, 2026
Bloomberg
Bigger SALT Break’s Impact Surprises
September 2, 2026
Dealbook
Music Industry Grapples With AI
September 2, 2026
Freshfields' A Fresh Take
Enforcers Target Prediction Markets
September 2, 2026
Securities Litigation & Enforcement
SEC Eyes Pre-IPO Share Sales
September 2, 2026
Financial Times
Chevron to Double Venezuela Oil Production With $7bn Pledge
September 2, 2026
Wall Street Journal
Megabanks Join to Issue a Stablecoin
September 1, 2026
Financial Times
Banks Seek Cut of Lawyer AI Savings
September 1, 2026
Cleary Securities Watch
SEC Updates Corp. Finance Guidance
September 1, 2026
D&O Diary
Investors Suing AI Infrastructure Firms
September 1, 2026
Deal Lawyers.com
Delaware Chancery Limits Disclosures Under Advance Notice Bylaws
September 1, 2026
New York Times
Saudis, U.S. Firm in Data Center Deal
August 31, 2026
Financial Times
LIV Golf Girds for Bankruptcy Filing
August 31, 2026
D&O Diary
Pentwater Capital Sued on Short Squeeze
August 31, 2026
Sidley Enhanced Scrutiny
Delaware Chancery Rules on SB 21 Heightened Disinterest Presumption
August 31, 2026
Securities Regulation and Corporate Governance Monitor
SEC Touts Crypto Exempt Offer Rules
August 31, 2026
Wall Street Journal
Aeo Nears Insurance Broker USI Deal
August 30, 2026
New York Times
SEC Allows Less Company Disclosure
August 30, 2026
The Governance Beat
SEC Nears Executive Comp Proposal
August 30, 2026
D&O Diary
AI-Related Securities Suit Hits Intuit
August 30, 2026
Deal Lawyers.com
Delaware Chancery Rules Takeover Law Doesn’t Require Informed Vote
August 30, 2026
Wall Street Journal
Sheikh Backs New Trump Crypto Bank
August 27, 2026
New York Times
Meta, Anthropic Are AI Friends, Foes
August 27, 2026
Freshfields' A Fresh Take
AGs, FTC Settle Zillow-Redfin Suit
August 27, 2026
The Governance Beat
NYSE Proposes Extending Internal Audit Transition Period
August 27, 2026
Financial Times
Bank Regulators to Narrow Enforcement Focus to Financial Risks
August 27, 2026
D&O Diary
Risk of Securities Litigation Rising
August 27, 2026
Reuters
UK Crypto Boss Faces US Extradition
August 26, 2026
Wall Street Journal
Bill Gates Warns of No AI Plan
August 26, 2026
Bloomberg
NFL Owners OK $9.6bn Seahawks Sale
August 26, 2026
Financial Times
Meta Ends Kids’ Harm Case for $18bn
August 26, 2026
D&O Diary
Deloitte Settles DOJ Anti-DEI Claims
August 26, 2026
Wall Street Journal
Anthropic Seeks $30 Trillion in Revenue
August 25, 2026
New York Times
AI Firm Aims at Data Center Backlash
August 25, 2026
Freshfields' A Fresh Take
Treasury Proposes GENIUS Act Rules
August 25, 2026
Financial Times
Canada Retaliates With $20bn Tariffs
August 25, 2026
D&O Diary
Securities Suit Against Alibaba Combines Claims on AI and China Risks
August 25, 2026
Bloomberg
Trump Family Joins New Bank Rush
August 24, 2026
The Governance Beat
Section 16 Insiders Owe EDGAR Info
August 24, 2026
Financial Times
How Shein’s IPO Lost Its Shine
August 24, 2026
D&O Diary
Oversight Risk in Governance Vacancy
August 24, 2026
Securities Regulation and Corporate Governance Monitor
The Latest on Shareholder Proposals
August 24, 2026
Wall Street Journal
Nvidia Touts Chinese-AI Alternative
August 23, 2026
Bloomberg
Canada-US Flop, but Mexico Optimistic
August 23, 2026
New York Times
California and Paramount to Hold Preliminary Talks on Warner Deal
August 23, 2026
Cleary Securities Watch
SEC Tweaks 14a-8 Response Process
August 23, 2026
Business Law Prof Blog
Lawsuits Trip Over Value of SAFEs
August 23, 2026
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  • Sidley Enhanced Scrutiny Blog
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