Activism Defense

Paul, Weiss offers a highly experienced shareholder activism defense practice. We help public companies and their boards prepare for, respond to and navigate activist share accumulations, settlements, proxy contests and other hostile campaigns. We are deeply familiar with the activist investor playbook, whether the focus is changes to management or directors, a shift in strategy, return of capital, operational changes or pursuing a takeover, break-up or sale of a company. Importantly, we take a commercial, problem-solving and situation specific approach to assessing, advising on and implementing the best way forward. 

Today’s shareholder activist campaigns are run by sophisticated hedge funds with a well-honed ability to influence shareholder sentiment on strategic and reputational matters. Our lawyers have helped blue-chip companies overcome high-profile battles against all major activist hedge funds, including Elliott Management, Carl Icahn, JANA Partners, Pershing Square, Starboard Value, Third Point, Trian and ValueAct.

Drawing on our deep corporate governance expertise and experience in proxy contests, we guide clients at all stages of shareholder engagement. With the knowledge that the best defense against an activist attack is preparedness, we provide thoughtful strategies to help clients minimize vulnerability, as well as guidance on shareholder outreach and risk assessment. Our goal is to ensure that boards and management can pursue their long-term vision for preserving and increasing shareholder value.

We also offer practical guidance to executives and directors on issues related to fiduciary duties, SEC and disclosure matters, corporate and board best practices, executive compensation and other legal and governance matters. On all of these fronts, we strive to build long-term relationships based on trust and collaboration.