Practices

Activism Defense

In Depth

Activist campaigns and proxy contests are on the rise, with activist investors seeking to force strategic change within public companies.

Cooley’s activism defense group is a go-to advisor to public company boards and management teams. We take a tailored and multidisciplinary approach – drawing on the firm’s leading M&A, capital markets, corporate governance, Securities and Exchange Commission (SEC) reporting and enforcement, litigation, and regulatory practices – to provide clients with creative, actionable and commercial solutions to the full spectrum of activism defense and shareholder engagement matters. Our team delivers clear and practical guidance that enables clients to execute on what matters most.

Our diverse experience on behalf of innovative companies across sectors includes  counsel on all areas relevant to activist campaigns, including:

  • Proxy contests
  • Shareholder communications
  • Advance notice bylaw provisions
  • Takeover defenses, including poison pills
  • Internal investigations
  • Related litigation

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