Mark Crean

Jones Day

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Where to Go With "Go Shops" in Australian M&A?

The Situation It was recently reported that an Australian proxy adviser had queried whether the directors of a substantial Australian Securities Exchange-listed ("ASX") target, DuluxGroup, should have negotiated a Go Shop...more

9/17/2019 / Acquisitions , Australian Securities Exchange (ASX) , Competition , EBITDA , Mergers , Private Equity , Proxy Advisors , Shareholder Activism , Shareholders

Has Australia's Takeovers Panel Turned the "Tap" on to More "Association" Proceedings?

The Situation: A major shareholder of Tap Oil Limited, a company listed on ASX, gave notice of an intention to spill the board, to remove all but one of the current directors, through a general meeting of shareholders. The...more

2/19/2018 / Australia , Board of Directors , Corporate Governance , Corporate Misconduct , Shareholder Activism , Shareholders , Takeovers

Shareholder Activism Dealt a Blow in Australia's Federal Court

The Background: In RBC Investor Services Australia Nominees Pty Limited v Brickworks Limited [2017] FCA 756 (10 July 2017) ("Brickworks case"), a large institutional investor sought to dismantle a cross shareholding...more

9/6/2017 / Australia , Board of Directors , Corporate Governance , Minority Shareholders , Publicly-Traded Companies , Shareholder Activism , Shareholder Litigation , Shareholder Oppression , Shareholders

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