Guidance informed by market dynamics and regulatory considerations

Thompson Coburn advises shareholder activists and public companies in contested matters. Our Corporate & Securities team, in collaboration with lawyers across practice areas, develops strategies aligned with our clients’ objectives — whether engaging with boards to advocate for changes or responding to activist campaigns.

With experience representing both public companies and activist investors, we help clients assess risks, navigate governance challenges, and prepare for potential activist engagement. By staying informed on evolving trends, we assist companies in strengthening governance practices and maintaining stability.

For the shareholder activist, we can assist with:

  • Review of corporate control measures
  • Activist strategies
  • Schedule 13F filings
  • Schedule 13D and Schedule 13G filings
  • Proxy contests, including contested alternatives slate of directors
  • Shareholder annual and special meeting contests
  • Novel take private strategies including self-tender offers and reverse stock splits
  • Litigation strategies and tactics
  • Opposition campaigns and research
  • Private company activities

For the public company, we can assist with:

  • Review of and implementation of defensive measures, including article and bylaw amendments and poison pills
  • Litigation strategies and tactics
  • Threat analysis and “table top” scenario planning and exercises
  • Opposition campaigns and research

Further, we have relationships with third-party experts, advisors, and consultants to round out our service offerings, including PR and crisis managers, proxy solicitors, capital sources and funders, and Delaware law firms.