Governance Watch Webcast: Shareholder Activism: Beyond the Headlines
September 26, 2023
Event Overview Tab
Cleary Gottlieb partner Kyle Harris participated in the Governance Watch Webcast: Shareholder Activism: Beyond the Headlines.
While the first year of universal proxy cards did not drive an increase in contested elections, shareholder activism continued to be a highly dynamic arena—with new activist players, more complex M&A activism, broader settlement terms, and increased litigation relating to director nominations. As we look ahead to 2024, we expect a rising tide of anti-ESG activism in an election year. This may expose recently elected directors, who tend to have less high-level business strategy experience, to becoming targets of activist campaigns.
Panelists discussed developments in activism—and how to prepare for, and respond to, them, including:
- Overall trends in 2023 shareholder activism
- Multi-front M&A activism
- Evolving settlement dynamics
- Litigation relating to director nominations and by-law amendments
- The future of both pro- and anti-ESG “Big A” activism
- Assessing and addressing the company’s strategic and governance vulnerabilities
- Communication strategies to avoid becoming a target
- Kyle Harris, Partner, Cleary Gottlieb
- Neil Rudisill, Managing Director, Activism and Shareholder Advisory Team, Goldman Sachs
- Andrew Siegel, Partner, Joele Frank
- Paul Washington, Executive Director, ESG Center, The Conference Board (Moderator)
This Governance Watch program was hosted by Cleary and The Conference Board ESG Center.
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