Conscious Parallelism May Justify A Wolf Pack Pill

Law360, New York (May 27, 2014, 9:45 PM EDT) -- We are living in the era of the activist shareholder. Corporate boards and advisers, which in the past have focused on the risk of a hostile takeover bid, now often give their primary attention to the danger that an activist shareholder will try to pressure the company to put itself up for sale or otherwise follow corporate strategies that the board opposes.

One of the factors that makes activism hard to combat is the "wolf pack" phenomenon. Wolf pack is a colorful phrase for activist shareholders who advocate a common program for the company, but do not have an agreement to...

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