News & Analysis as of

Activist

Companies Amend Bylaws in Response to Activist ‘Placeholder Slate’ Tactic

In the past year, more than 50 publicly traded companies, including 19 on the Standard & Poor’s 500 index, have amended their bylaws to address the potential for a so-called “placeholder slate” of directors. The bylaw...more

Times Definitely Are a-Changin’

by BakerHostetler on

On Dec. 10, Bob Dylan, in absentia, received the 2016 Nobel Prize in literature. The title track of Dylan’s 1964 album The Times They Are a-Changin’ is one of the most celebrated protest songs. Undoubtedly, times are...more

SEC Approves Nasdaq Rule Requiring Public Disclosure of Payments to Directors by Third Parties

by Morrison & Foerster LLP on

In March 2016, the Nasdaq Stock Market LLC (“Nasdaq”) proposed new rules regarding disclosure of third-party compensation of directors. This third-party compensation, which may not be publicly disclosed, arises when a party...more

Justice Antonin Scalia: Part-Time Activist

Presumptive Republican presidential candidate Donald Trump, to establish his bona fides with conservatives, has released a list of eleven potential Supreme Court nominees. He added, with typical understatement: “If...more

Sentencing of Keys, Responsible for 2010 LA Times Data Breach, Should Remind Companies to Fortify Cybersecurity and Plan Response...

by Dechert LLP on

A federal judge in California recently sentenced a former employee of KTXL Fox40, a Tribune Company-owned television station, to two years in prison for three felony convictions relating to his assistance to the “hacktivist”...more

Are Activist Investors Risk Factors?

lululemon athletica inc.’s Form 10-K includes the following risk factor: Our business could be negatively affected as a result of actions of activist stockholders, and such activism could impact the trading value of our...more

Feds’ Reliance on Environmental Activism Underscores Need for Lacey Act Compliance

The search warrant recently executed by U.S. Customs and Fish and Wildlife Service agents on a Virginia-based flooring wholesaler surrounded allegations that the company had illegally imported wood in violation of the Lacey...more

Many Activist Investors Keep Coming Back for More

by Morrison & Foerster LLP on

When activist investors strike, there’s often a sequel, even if a company has worked to address their concerns. Boards and managements are often tempted to consider a matter closed, once they have engaged with an...more

What Lessons Can Be Learned From Tragic Death of An Internet Activist?

by Ifrah PLLC on

There can be no dispute that the death of Aaron Swartz – the Internet activist who took his own life on Friday, January 11 – is tragic. There can also be no dispute that the grief and anger his family feel is very real. The...more

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Cybersecurity

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