News & Analysis as of

Activist Investors

Herbert Smith Freehills Kramer

UK Public M&A Monthly Activity Update: January 2026

In January 2026, there were three Rule 2.7 announcements made across the UK public M&A market and nine further possible offers announced. Firm Offers announced this month: • Recommended cash offer by VertiGIS Ltd for...more

Vinson & Elkins LLP

When Short Sellers Attack

Vinson & Elkins LLP on

A “short attack” is a campaign in which a short seller publishes a critical report about a target company in order to profit from the ensuing decline in the company’s share price....more

Cooley LLP

Cooley’s 2025 Activism Retrospective

Cooley LLP on

Activists enjoyed a banner year in 2025. From proxy contest wins at blue-chip companies to a partnership with Taylor Swift’s fiancé, engaged shareholders once again demonstrated their capabilities, creativity and readiness....more

Skadden, Arps, Slate, Meagher & Flom LLP

As Activism Becomes a Year-Round Sport, Possible Regulatory Changes Could Impact Both Activists and Companies

Despite geopolitical volatility, tariff policy uncertainty and a slower-than-expected M&A market in the first half of 2025, shareholder activism has not cooled. In fact, 2025 experienced another record year in the U.S. for...more

Skadden, Arps, Slate, Meagher & Flom LLP

Boards Face Continued Pressure to Pursue Spin-Offs as Investors Seek Corporate Clarity and Value Creation

Companies continue to be pressured to move away from the conglomerate model and toward simplified and targeted strategies and risk profiles....more

Goodwin

Shareholder Activism in the Public REIT Sector: A Lookback at 2025 and What to Expect for 2026

Goodwin on

Shareholder activism in the public real estate investment trust (REIT) sector has accelerated in recent years, with over 100 public campaigns and related engagements launched since 2020. As M&A markets regain momentum and...more

Vinson & Elkins LLP

Vinson & Elkins on Shareholder Engagement in 2026: Vigilance Amid Uncertainty

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Effective shareholder engagement is a business imperative. Companies that do it well are more likely than others to build investor trust, anticipate investor expectations, protect against activism, and earn support for...more

Seward & Kissel LLP

Supreme Court Hears Oral Arguments on Whether Activist Shareholders of Closed-End Funds Have Private Rights of Action under the...

Seward & Kissel LLP on

Who may be interested: Registered Investment Companies; Directors of Registered Investment Companies; Investment Advisers; Hedge Funds Quick Take: The U.S. Supreme Court heard oral arguments on December 10, 2025, in FS...more

Procopio, Cory, Hargreaves & Savitch LLP

Board Independence and the New Activism Reality

Public company boards are operating in a tougher environment. Regulators expect more, investors are better organized, and activists have better tools. The old practice of checking an “independent” box once a year and...more

Skadden, Arps, Slate, Meagher & Flom LLP

UK Public M&A: Strategics and Sponsors Sustain Deal Flow Despite Economic Uncertainties

2025 has been a reasonably active year for the public M&A market in the UK. It started strongly, with the first half experiencing the highest deal volumes in any six-month period for several years, although the volume of...more

Cooley LLP

The Future of Shareholder Proposals: ‘We Will Get By, We Will Survive’

Cooley LLP on

If precatory proposals are not a guaranteed option, proponents could look to submit binding shareholder proposals under Rule 14a-8 as an alternative, which in practice means binding bylaw proposals that would have direct...more

Wilson Sonsini Goodrich & Rosati

2025 Silicon Valley 150 Corporate Governance Report.

Wilson Sonsini’s 2025 Silicon Valley 150 Corporate Governance Report reviews the corporate governance practices and disclosures of Silicon Valley’s largest public companies. The report includes information regarding board...more

Skadden, Arps, Slate, Meagher & Flom LLP

Would Your Company Want To Stop Filing Quarterly Reports if No Longer Required?

Public companies in the U.S. could soon be freed of the obligation to report financial information every quarter. The Securities and Exchange Commission (SEC) has indicated it will support shifting to a semiannual reporting...more

White & Case LLP

What’s driving activism in the UK?

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U.S. activists are increasingly looking to the U.K. for opportunities. What is increasing the appeal of the market? Tom Matthews (TM): Many listed companies in the U.K. and Europe continue to be perceived as undervalued...more

Cooley LLP

Post-IPO Governance: What the Data Reveals About Life After Listing

Cooley LLP on

Heading into an initial public offering (IPO), companies spend significant time considering board and committee composition, capital structures, shareholder rights and other governance matters. ...more

White & Case LLP

Americas M&A Newsletter Fall 2025

White & Case LLP on

Activist campaigns have become an increasingly common strategy for investors seeking to unlock shareholder value. M&A and other transactional-focused strategies have been a top driver of activist activity, with 45 percent of...more

Fenwick & West LLP

2025 Proxy Results: Shareholder Proposal Support Fell in 2025 And Activism Concentrated at the Largest Silicon Valley Companie

Fenwick & West LLP on

Stockholders submitted more proposals at Silicon Valley’s 150 largest public companies this year, but those proposals were less successful, according to our analysis of 2025 proxy season results among the SV 150 and the S&P...more

Paul Hastings LLP

Shareholder Activism in the Banking Sector: Current State of Play

Paul Hastings LLP on

Shareholder activism in the banking sector is on the rise in the United States. To date in 2025, there have been 13 activism campaigns against banks, already surpassing the 10 campaigns from 2024. Importantly, 10 of the 13...more

Wilson Sonsini Goodrich & Rosati

Navigating Shareholder Engagement and Shareholder Activism: Essentials and Best Practices

Engaging with shareholders and responding to shareholder activism continue to be top-of-mind for public companies. These situations present opportunities for management teams and boards of directors to work together to...more

Cooley LLP

Will Lack of Shareholder Proposals Mean More ‘Vote No’ Campaigns? Maybe It Already Has…

Cooley LLP on

I’ve blogged a few times about how the SEC Chairman Paul Atkins has delivered a speech in which he stated that one of his top priorities is to make being a public company an attractive proposition, with eliminating precatory...more

Vinson & Elkins LLP

When Should Boards Fight (and Not Settle)?

Vinson & Elkins LLP on

In the headlines today, it is common to see announcements about activist campaigns or activists taking equity positions in public companies. Nonetheless, full-scale proxy fights have become relatively rare. Most public...more

Skadden, Arps, Slate, Meagher & Flom LLP

Glass Lewis To End Benchmark Proxy Voting Policy: What Companies Should Know

Major proxy advisory firm Glass Lewis announced that it will stop offering its standard benchmark proxy voting guidelines in 2027, and transition clients to differentiated client frameworks. Glass Lewis’ change comes amid a...more

Cooley LLP

Activism in 2025 and Beyond: Universal Proxy, Litigation Leverage and a New Playbook for Preparedness

Cooley LLP on

Activism didn’t pause in 2025 – it evolved. Campaign counts are up, tactics have multiplied, and boards are settling faster and earlier. As Goldman Sachs’ Neil Rudisill put it on Cooley’s Market Talks panel, “We’re on...more

Cooley LLP

Crocodile Tears for Retail Investors: The Misleading Campaign Against Retail Voting Programs

Cooley LLP on

On September 15, the Securities and Exchange Commission (SEC) Office of Mergers and Acquisitions responded to a no-action request from Exxon Mobil Corporation (Exxon), confirming that it would not recommend enforcement action...more

Foley & Lardner LLP

Exxon Mobil Introduces Investor Voting Program to Increase Retail Participation

Foley & Lardner LLP on

Exxon Mobil Corporation (Exxon) has begun implementation of its retail voting program, following the receipt of no-action relief from the Securities and Exchange Commission (the SEC). In support of this program, Exxon will...more

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