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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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Freshfields' A Fresh Take
Sixth Circuit Says State Regulators Can Police Prediction Markets
October 8, 2026
The Governance Beat
ISS’ Benchmark Policy Survey Results
October 8, 2026
Financial Times
Starbucks Explored Chipotle Takeover
October 8, 2026
Deal Lawyers.com
Chancery Opines on Accounting Experts for M&A Price Adjustment
October 8, 2026
Corporate & Securities Law Blog
Third Circuit Revives Fact-Specific Materiality for Securities Fraud Claims
October 8, 2026
Wall Street Journal
Lawmakers Seek Accept-Election Vows
October 7, 2026
Bloomberg
AI Czar to Visit Silicon Valley AI Firms
October 7, 2026
Financial Times
Law Firm Kirkland & Ellis Stops Disclosing Financial Performance
October 7, 2026
D&O Diary
Datavault AI Hit with Market-Manipulation-Related Securities Suit
October 7, 2026
Deal Lawyers.com
Earnouts: Reminders of Ordinary Course Covenant Weren’t Interference
October 7, 2026
Wall Street Journal
Google, Constellation Energy Strike Sweeping Nuclear-Power Deal
October 6, 2026
Dealbook
New Anthropic Challenger Emerges
October 6, 2026
Freshfields' A Fresh Take
FTC Settles Price Discrimination Lawsuit Against Southern Glazer’s
October 6, 2026
D&O Diary
Settlement Values of M&A Suits Drop
October 6, 2026
Deal Lawyers.com
Earnout Denied, Buyer Wins Damages
October 6, 2026
Reuters
New Contracts Help Boeing Turn Page
October 5, 2026
Wall Street Journal
Firms’ AI Outlay Impossible to Budget
October 5, 2026
Bloomberg
Colleges Cut Tuition Bills by $20,000
October 5, 2026
Financial Times
Reflection AI Boosts U.S. Aim to Compete With Chinese “Open” Models
October 5, 2026
D&O Diary
Ryde Hit With New Market Manipulation-Related Securities Lawsuit
October 5, 2026
Dealbook
Investors Bet on Brain-Computer Link
October 4, 2026
Financial Times
Wall Street’s IPO Fervor Cools
October 4, 2026
Deal Lawyers.com
FTC Tweaks HSR Second-Request Rule
October 4, 2026
Corporate & Securities Law Blog
Sixth Circuit Narrows Swap Definition, Nixes Sports-Betting Law Preemption
October 4, 2026
Business Law Prof Blog
What PSLRA Safe Harbor Really Means
October 4, 2026
Bloomberg
GOP Mum on Midterm Affordability
October 1, 2026
Reuters
M&A Deal Rush Fades in 3d Quarter
October 1, 2026
The Governance Beat
Tesla, Goldman Tout Retail Shareholder Voting Instruction Plans
October 1, 2026
Financial Times
Wachtell Hires Ex-SDNY U.S. Attorney
October 1, 2026
D&O Diary
New Caremark Decision Provides Good News About Bad Faith
October 1, 2026
Wall Street Journal
Walgreens Nears Sale of Britain’s Boots
September 30, 2026
The Governance Beat
BlackRock Issues 2026 Voting Report
September 30, 2026
Sidley Enhanced Scrutiny
Court: FCA’s Qui Tam Constitutional
September 30, 2026
D&O Diary
IPOs Up, SPAC Litigation Persists
September 30, 2026
Deal Lawyers.com
Delaware Supreme Court Backs Indemnity for Post-Closing Misconduct
September 30, 2026
Bloomberg
American, Alaska Air to Share Revenue
September 29, 2026
Wall Street Journal
Trump Defends Light-Touch AI Plan
September 29, 2026
Financial Times
Starbucks Cuts Green Goals, Costs
September 29, 2026
D&O Diary
Alphabet Board Hit with Privacy-Related Follow-On Derivative Suit
September 29, 2026
Deal Lawyers.com
Chancery Interprets “Change of Control” in Purchase Agreement
September 29, 2026
Bloomberg
IRS Threatens Crackdown on Array of Wall Street Tax Dodges
September 28, 2026
Dealbook
Safety Issues Could Derail AI IPOs
September 28, 2026
Financial Times
Weil in Crisis After Lawyer Departures
September 28, 2026
D&O Diary
Proxy Season 2026 Returns to Basics
September 28, 2026
Delaware Corporate & Commercial Litigation Blog
Chancery Explains Lawyer Fee Award
September 28, 2026
Bloomberg
Trump, Anthropic CEO to Meet
September 27, 2026
Wall Street Journal
NY Sues Prediction Market Polymarket
September 27, 2026
Dealbook
Clients Eye Cut of Law Firm AI Savings
September 27, 2026
Freshfields' A Fresh Take
Bank Agencies Offer Revamped Third-Party Risk Management Guidance
September 27, 2026
Financial Times
Companies Favor Cheaper “Open” AI
September 27, 2026
Wall Street Journal
MGM Resorts Eyes Diller’s People Inc.
September 24, 2026
Dealbook
AI Safety Concerns Go Global
September 24, 2026
Financial Times
PE Investment May Alter Lawyer Pay
September 24, 2026
Sidley Enhanced Scrutiny
Delaware Chancery Expands AI Focus from Individuals to Governance
September 24, 2026
Business Law Prof Blog
What AI Tells Us About Benefit Corps.
September 24, 2026
Bloomberg
Disney+ Price Jumps 13 Percent
September 23, 2026
Wall Street Journal
Meta’s New AI Agent Is Instant Hit
September 23, 2026
Securities Litigation & Enforcement
SEC, FDA Create Info-Sharing System
September 23, 2026
Financial Times
Private Equity Ending Up in Limbo
September 23, 2026
D&O Diary
AI-Related Securities Suits Surging
September 23, 2026
Wall Street Journal
Obamacare Enrollments Cut 760,000
September 22, 2026
Financial Times
Anthropic, OpenAI Offer Cheap Models
September 22, 2026
Cleary Securities Watch
SEC End to Pay-to-Play Rule May Not Pay Off for Investment Advisers
September 22, 2026
D&O Diary
Consumer Class Actions Claim Tariffs Wrongly Passed to Customers
September 22, 2026
Deal Lawyers.com
Delaware Chancery Addresses Earnout Provision’s “Procedural Checks”
September 22, 2026
Wall Street Journal
Polymarket’s Rush Enabled Fraud
September 21, 2026
Cooley M&A
Chancery Revives Verisk Deal
September 21, 2026
Financial Times
Settlement Clears Paramount-Warner
September 21, 2026
D&O Diary
Crypto Investors Suit Skirts Dismissal
September 21, 2026
Securities Regulation and Corporate Governance Monitor
SEC Plans to Nix Shareholder Proposal Rule, Change Proxy Solicitation
September 21, 2026
New York Times
Anthropic Goes Ahead With IPO Plans
September 20, 2026
Delaware Business Litigation Report
Chancery Nixes Caremark Action
September 20, 2026
Financial Times
How Big Tech Uses Guarantees to Keep AI Exposure Off Balance Sheet
September 20, 2026
Sidley Enhanced Scrutiny
When the Meeting Minutes and the AI Transcript Don’t Match
September 20, 2026
Corporate & Securities Law Blog
SEC Grants Review of Nasdaq Minimum Listed Securities Value Rule
September 20, 2026
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
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  • Business Law Prof Blog
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  • DealLawyers
  • Delaware Corporate and Commercial Litigation Blog
  • Gibson Dunn Securities Regulation and Corporate Governance Monitor
  • Harvard Law School Forum on Corporate Governance
  • How Appealing
  • PubCo @ Cooley
  • Securities Docket
  • Sidley Enhanced Scrutiny Blog
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