Shareholder Activism & Defense
Strategizing Strength, Safeguarding Shareholder Interests
ILF’s Shareholder Activism and Defense practice provides specialized legal services aimed at navigating the complex dynamics between companies and activist shareholders. Whether representing companies in strengthening their defenses against shareholder activism or advising activists on effective campaign strategies for corporate governance or strategic change, our approach is characterized by strategic insight, legal acumen, and a deep understanding of corporate law and shareholder rights. Our team is well-versed in the intricacies of activism campaigns, proxy contests, and engagement strategies, ensuring that our clients are well-equipped to meet these challenges head-on.
Defending Companies Against Shareholder Activism
- ILF advises companies on developing and implementing strategies to prevent and defend against shareholder activism. This includes conducting vulnerability assessments, enhancing shareholder communication, and refining corporate governance practices to align with best practices and shareholder expectations.
- Developing customized defense plans that enable companies to respond quickly and effectively to activist campaigns. Our services include proxy fight preparation, strategic public relations messaging, and negotiation tactics to protect the company's interests and maintain operational focus.
- Advising corporate boards on governance structures and practices that mitigate the risk of activism. This includes board evaluations, updating corporate governance documents, and advising on shareholder engagement strategies to foster constructive dialogue and build shareholder support.
Assisting Activists in Campaigns
- ILF provides strategic guidance to activist shareholders in the planning and execution of campaigns aimed at driving change within target companies. This includes identifying governance weaknesses, developing compelling cases for change, and crafting clear, actionable demands for corporate governance or strategic adjustments.
- Offering expertise in organizing and managing proxy contests, preparing shareholder proposals, and conducting effective shareholder outreach to build support for proposed changes. Our team ensures that campaign tactics are legally sound and strategically aligned with the goals of the activism campaign.
- Assisting activists in negotiating with target companies to achieve desired outcomes. This includes advising on potential settlements, strategic concessions, and the implementation of governance changes or strategic shifts within the target company.
Comprehensive Support and Advisory
- Ensuring that all activities related to shareholder activism and defense comply with applicable securities laws and regulations, including disclosure requirements and filing obligations.
- Providing robust legal representation in litigation arising from shareholder activism campaigns, including disputes over proxy materials, shareholder meetings, and election of directors. Our approach seeks to resolve disputes efficiently, preserving the client's reputation and shareholder value.
- Beyond immediate activism campaigns, ILF offers ongoing advisory services to companies and activists on evolving corporate governance trends, investor relations, and strategic planning to preemptively address potential areas of contention and enhance corporate value.
ILF’s Shareholder Activism and Defense practice is at the forefront of addressing the challenges and opportunities presented by the evolving landscape of shareholder activism. Whether advising companies on robust defense strategies or assisting activists in advocating for meaningful change, our team brings a comprehensive, nuanced understanding of the legal, strategic, and communication issues at play. Our goal is to ensure that our clients—whether corporations or shareholders—navigate these complex situations with strategic foresight, legal rigor, and a focus on long-term success.