Overview
Olshan’s Shareholder Activism Practice Group, which is widely recognized as the premier practice representing activist investors, includes a seasoned team of litigators because strategic litigation may be critical to successful execution of activist investors’ goals to effect corporate change. We stand ready on short notice to commence expedited proceedings as an affirmative tool, to litigate against an issuer’s defensive lawsuit and to provide advice when a contested solicitation turns hostile.
Shareholder Advocacy
We routinely collaborate with the Shareholder Activism Practice Group to assist our activist clients in a range of matters, including enforcing shareholder rights to compel special and annual meetings, obtaining corporate records, obtaining shareholder lists, challenging defensive maneuvers that impede the stockholder franchise and in asserting class and derivative claims to challenge board conduct. Together with members of our Securities Litigation and Enforcement Group, we also represent shareholders in responding to claims asserted in federal court, including claims by management alleging violations of federal securities laws involving proxy and reporting obligations. We frequently appear in the Delaware Court of Chancery, where the majority of such cases are brought, and other courtrooms throughout the country on behalf of shareholder activists. Our shareholder activist attorneys also have extensive experience in handling appraisal claims, having successfully recovered substantial sums on behalf of dissenting shareholders, including in off-shore proceedings. When needed, our litigators draw on deep and longstanding relationships with key players in the activist community including corporate governance experts, Delaware counsel and proxy solicitation firms.
Strategic Counsel
With decades of shareholder activist litigation experience in proxy and other contests for corporate control, our shareholder clients rely on us to develop strategies for transferring power that will reduce or eliminate the risk of litigation and avoid potential liability. When negotiating settlements, we work as a team with the Shareholder Activism Practice Group to structure resolutions that achieve client goals.
