Lessons From A Successful Proxy Contest Defense

Law360, New York (January 21, 2016, 9:38 PM EST) -- Recently, our client, a New York Stock Exchange-listed publicly traded firm (the "Company"), successfully defended against a proxy contest brought by an activist fund that in the first part of this year acquired a 5.5 percent stake in the Company. Following on earlier indications that it would do so, the fund notified the Company in September that it intended to nominate six individuals for election to the seven-member board of directors at the 2015 annual meeting of stockholders to be held in November. At the meeting, stockholders elected all seven incumbent director nominees and flatly rejected all of the fund's six nominees, despite Institutional Shareholder Services' recommendation in favor of three of the fund's nominees and Proxy Mosaic's recommendation in favor of all six of the fund's nominees. These results offer key lessons to companies under attack by dissidents, notwithstanding strong activist pressure with backing from ISS or other proxy advisers....

Law360 is on it, so you are, too.

A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.


A Law360 subscription includes features such as

  • Daily newsletters
  • Expert analysis
  • Mobile app
  • Advanced search
  • Judge information
  • Real-time alerts
  • 450K+ searchable archived articles

And more!

Experience Law360 today with a free 7-day trial.

Start Free Trial

Already a subscriber? Click here to login

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!