March 27, 2023

Volume XIII, Number 86

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March 24, 2023

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Increase in Large and Small Shareholder Activists

It has been reported that this year is seeing a significant increase in large and small shareholder activists communicating requests for change to many public companies. That makes it a good time for the public companies in turn to increase their level of self-reflection and self-due diligence. Different activists frequently have different objectives. Some seek board changes while others have specific strategic objectives they want accomplished. Public companies internally, and with outside help, should assess their vulnerabilities. In many cases, that will help them to defend against a possible activist. In other instances, the companies will be able and willing to make positive changes before hearing from the activist.

A down market for stocks has helped drive up the volume of activist campaigns, as investors pounce on opportunities to push for change at underperforming companies. There were 135 activist campaigns in the U.S. in 2022, a 41% jump from the prior year, Lazard found.

See More from the Wall Street Journal  Disney, Salesforce and Others Draw Activist ‘Swarm’ After Shares Decline  Instances in which companies attract more than one activist expected to grow

©1994-2023 Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. All Rights Reserved.National Law Review, Volume XIII, Number 35
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About this Author

Joel I. Papernik, Securities Attorney, Mintz Levin, Israel Counsel, M&A Lawyer
Member

Joel is a corporate and mergers and acquisitions attorney who is esteemed for his work on life sciences deals. He leads acquisitions of public and private companies across a wide range of industries and assists all types of companies with the intricate processes of offloading enterprises, divisions, and subsidiaries. His capabilities include managing collaborative arrangements, licensing transactions, and other strategic deals for life sciences companies and helping overseas firms set up operations and make acquisitions in the United States. He also serves as counsel to boards of directors...

212-692-6774
Ivan Presant M&A Law Mintz Levin
Member

Ivan focuses his practice on mergers and acquisitions and corporate transactions. He has particular experience with advising buyers, sellers, and investors in US and cross-border public and private business combinations, acquisitions, tender offers, and corporate control matters. His practice also encompasses joint venture and licensing transactions and recapitalizations. Ivan represents public and private companies in a variety of industries, including pharmaceuticals, retailers, food & beverage, financial services, fintech, and health care.

Prior to...

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