Passive hedge funds are increasingly considering active roles when they are dissatisfied with the management of specific portfolio companies. After describing such a scenario, the author discusses the steps a dissatisfied...more
12/10/2019
/ Activist Hedge Funds ,
Corporate Governance ,
Hart-Scott-Rodino Act ,
Hedge Funds ,
Proxy Proposals ,
Proxy Season ,
Proxy Voting Guidelines ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Shareholder Activism ,
Shareholder Proposals
Changes May Create New Challenges for Public Companies, and Signal a Reduction of the SEC Staff’s Traditional Role As Arbiter Between Companies and Shareholders -
On September 6, 2019, the SEC's Division of Corporation...more
On July 6, 2015, the U.S. Court of Appeals for the Third Circuit issued its opinion in Trinity Wall Street v. Wal-Mart Stores, Inc. The holding permitted Wal-Mart Stores, Inc. ("Wal-Mart") to exclude a shareholder proposal...more
8/6/2015
/ Appeals ,
Corporate Governance ,
Declaratory Judgments ,
Injunctive Relief ,
Ordinary Business Exception ,
Proxy Season ,
Proxy Statements ,
Securities and Exchange Commission (SEC) ,
Securities Exchange Act ,
Shareholder Meetings ,
Shareholder Proposals ,
Sufficient Nexus ,
Summary Judgment ,
Wal-Mart
On January 16, 2015, the SEC withdrew its December 1, 2014 no-action letter in which it concurred with the view of Whole Foods Market, Inc. that the company was entitled under SEC Rule 14a-8(i)(9) to exclude from its proxy...more
2/26/2015
/ Corporate Governance ,
Management Proposals ,
Mary Jo White ,
No-Action Letters ,
Proxy Access Rule ,
Rule ,
Rule 14a-8 ,
Securities and Exchange Commission (SEC) ,
Shareholder Proposals ,
Shareholders ,
Whole Foods