Cadwalader’s litigators have extensive experience litigating both sides of disputes for corporate control, including advising companies, boards of directors, special committees and shareholders. Our litigators work closely with attorneys in our Corporate and Antitrust practices in structuring takeover defense strategies and activism campaigns.
Our clients benefit directly from our extensive experience working on both sides of activism campaigns. Our attorneys have deep experience in collaborative engagement with shareholders and, when necessary, aggressive litigation defending against activist campaigns, including in high-profile and precedent- setting litigations around the country. Our advice includes threat evaluation, implementation of structural defenses, including governance structures and rights plans, and advice with respect to fiduciary duties, corporate governance and compliance with federal and state reporting and disclosure obligations.
Cadwalader’s litigators routinely advise shareholder activists in high-profile contests, helping to devise campaign strategies and shareholder proposals, providing advice with respect to compliance with federal and state securities laws and antitrust regulations, and working seamlessly with proxy solicitors and public relations firms. With Cadwalader’s assistance, shareholder activists have won proxy battles, removed entrenched management, and unlocked significant shareholder value, including through stock dividends and buybacks.