Seward & Kissel represents clients in all aspects of activist investing, from early stage strategic planning to the conduct of full blown proxy contests, combining the skills and talents of a select group of attorneys across a variety of disciplines, including investment management, corporate finance and securities regulation, business transactions and litigation.
Seward & Kissel’s activist investing practice attorneys have extensive experience in advising clients in:
- Analyzing company takeover defenses, such as “poison pills” and “shark repellants”
- Understanding a company’s corporate documents and agreements
- Shareholder communications, including communication with directors, executive officers and other stakeholders
- Formation of activist “groups”
- Director nominations
- “Bear Hugs” and tender offers
- Beneficial ownership reporting (e.g., Schedule 13D filings)
- Contested elections for directors
- Preparation of proxy materials
- Compliance with SEC proxy rules
- Fight letters
- Press releases
- Hart-Scott-Rodino Act analysis and filings
- Offensive and defensive litigation
Seward & Kissel attorneys work closely with our clients to formulate their goals in unlocking shareholder value through action, and design a legal strategy to effect those goals. In addition, Seward & Kissel attorneys advise our clients on changes in laws, regulations and practices that are important to our activist clients.