Shareholder Activism

U.S. UPDATE – The Long Arm of Governance Activism: U.S. Investors Look Abroad

Executive Summary: U.S. public pension funds – longstanding proponents of corporate governance and shareholder proposal-style activism in the U.S. – are now allocating increasing amounts of capital throughout the world, and increasingly considering whether and how to globally apply their strategies and tactics for increasing shareholder power, changing governance norms, influencing boards and management teams … Continued

Editors’ Note: This article was co-authored by Adam O. Emmerich and Sabastian V. Niles of Wachtell, Lipton, Rosen & Katz

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AUSTRALIAN UPDATE – Economic Activism: Rethinking Directors’ Duties and Governance Structures in the Activist Context

Executive Summary:  The presentation and article below focus on shareholder activism, particularly as conducted by situational hedge funds, and the appropriate standard for director response.  While the authors argue that the Australian legal environment is slanted in favour of activists, they also demonstrate various counterbalances that exist as a result of specific Australian authorities. Main … Continued

Editor’s Note:  David Friedlander, Partner in the Sydney office of King & Wood Mallesons recently presented on the topic of shareholder activism at a conference session at the Supreme Court of New South Wales Annual Law Conference held on 29 July 2014.  Mr. Friedlander is a member of the Australian Takeovers Panel and is consistently ranked as one of Australia's top M&A and equity capital markets lawyers.  The article and slides below presented at the conference session were authored by Mr. Friedlander with his associates Medard Fischer and Michael Ting of King & Wood Mallesons.†

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