Guarding Against a Short Attack

Harvard Law School Forum on Corporate Governance

Richard J. Grossman Neil P. Stronski Demetrius A. Warrick

Skadden partners Richard Grossman, Neil Stronski and Demetrius Warrick discuss challenges created by short selling attacks for boards, management teams and companies. The authors highlight advanced preparation and a speedy substantive response as the best defense against a short attack and explain why boards should think twice before responding with buybacks or dividends, or running to court or regulators.