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Activism is entrenched in the US and UK and growing globally. Shareholder activism comes in many forms, including engaging privately with a company on a particular governance issue, seeking to change some or all of a company’s board of directors or publicly calling for a company to undergo a transformational change, for example by way of M&A.
Companies need to be prepared for an activist approach. Activists' campaigns are no longer confined to smaller companies in general difficulties – no company is now viewed as being too large to target.
Companies are often well prepared for hostile takeovers, but less so for an activist campaign, which in many cases is the far more likely scenario. As well as seeing more companies preparing for an activist approach, we are also seeing a change in the typical response of the board of a company that is targeted, away from straight defence tactics alone and towards constructive engagement.
We can advise companies on what they should do to prepare for and deal with any activist that appears on their shareholder register, as we have strong expertise and experience in this area.
Download chapter 23 Australia has a well-developed and sophisticated system for the resolution of commercial disputes, both within and outside a formal …
Download chapter 15 Australia has a large body of law regulating real estate. This chapter contains a brief overview of: the different types of land …
Download chapter 2 In Australia, the registration, control and management of companies is regulated by various federal authorities. Australian …
Download chapter 9 Australia has a comprehensive legal regime relating to restructuring and insolvency. It is predominantly contained in …
Download chapter 14 Australian law has a strong focus on consumer protection and there are numerous obligations with which businesses must comply when …
Download chapter 11 In Australia, taxes are imposed by the Australian Government, state and territory governments, and local government bodies. …
Download chapter 7 Australia has a sophisticated market for debt financing, which offers financing products in connection with a broad range of businesses, …
Download chapter 6 The purpose of this guide is to provide a high-level overview of the implications for financial services providers seeking to do …
Download chapter 13 Employees in Australia have their rights and obligations relating to their employment governed by a range of laws, covering areas …
Download chapter 10 The Australian government welcomes foreign investment that is consistent with Australia’s national interest and its national …
Download chapter 3 Foreigners may carry on business in Australia as an individual, a partnership, a company, a joint venture, a trust or an Australian …
Download chapter 22 In Australia, privacy legislation impacts how organisations handle personal information, conduct surveillance and engage in direct …
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