Rethink Your Director Nomination Rules

Law360, New York (July 10, 2013, 11:55 AM EDT) -- This article identifies and discusses a number of steps public companies may wish to consider regarding director nomination requirements and conduct in light of the heightened potential for arrival of activist shareholder-nominated directors.

Background

Increased Incidence of Nomination Proposals: Based on publicly reported information published by Activist Insight,[1] during 2012, activist shareholders threatened to initiate or initiated 58 director election proposals, and in 45 of them, succeeded in electing at least one director either in an election contest or by agreement with the target’s board....
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