Active Vs. Passive Investing: The Struggle Of 2 Agencies

Law360, New York (July 27, 2016, 1:13 PM EDT) -- Ethan A. Klingsberg

Steven J. Kaiser

Elizabeth K. Bieber A settlement on July 12, 2016, by the U.S. Department of Justice with ValueAct for violations of the Hart-Scott-Rodino Act's notification requirements, and an interpretation of the Exchange Act's beneficial ownership reporting rules posted by the U.S. Securities and Exchange Commission staff on July 14, 2016, combine to provide new guidance that will have an immediate impact on shareholder activism and engagement.

These developments at the DOJ and the SEC matter because, as explained in our earlier article, the effectiveness of hedge fund activism is directly related to the extent to which...

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