Strategizing effective response to shareholder activism

With more institutions adopting activist investment strategies and more activists launching campaigns targeting a wider set of issues and companies, boards and C-suite executives must consider the possibility that their company may come under attack by their owners.

Components of our Activism Advisory Program follow:

• Activist’s Background – We will deliver a detailed history about the activist and their previous engagements.
• Activist’s Playbook – We will prepare an overview of the activist’s past strategies, track record, tactics and tendencies. Focus is on areas the activist is likely to target, including balance sheet, corporate governance, turn-around, divestment, or sale of the business.
• Proxy Advisory Firms Analysis – We provide insight on how proxy advisors are likely to vote, based on the proposals put forth by the activist.
• Communication Strategy – We will formulate an effective response to activist’s arguments and draft communications such as press releases, letters to shareholders, and SEC filings – including proxy statements.
• Defense Strategy – We will advise on various tools and winning tactics that can be used to counter an activist investor.