Takeaways from “The `Ins’ and `Outs’ of Dealing with Activists”
March 16, 2018
Mark J. Gentile discusses takeaways from the “The ‘Ins’ and ‘Outs’ of Dealing with Activists” panel at Tulane Law 30th Annual Corporate Law Institute.
This panel examined how activists approach public companies, and best practices for management and boards to effectively engage with activists as well as other shareholders. The panel addressed situations when it makes sense to fight and situations when it makes sense to settle. Lessons from recent proxy fights such as Procter & Gamble and ADP were discussed, as well as guidance for dealing with a dissident director on a board. The importance of ESG activism was also addressed. Panel perspectives included counsel to activists, a proxy solicitor, counsel to companies, a public relations expert, an institutional investor, and the head of the special situations group of a leading proxy advisory firm.