TRENDS IN ACTIVISM
Shareholder activism is not going away anytime soon, and the strategies to deal with activism need to evolve in response to the recent trends. Understanding how the landscape has changed in recent years will help ensure that companies are well-prepared in the event an activist surfaces.
SCOTUS AND ARBITRATION JURISPRUDENCE
CYBER ISSUES IN OIL AND GAS
While market participants recognize that cybersecurity is a key risk factor in M&A generally, executives and directors contemplating an acquisition in the oil and gas sector need to be aware of the unique cybersecurity challenges within the industry in order to properly assess transaction risks and value target companies.
MDL REFORM PUSH GAINS STEAM
A subcommittee of the federal courts’ Committee on Rules of Practice and Procedure is reviewing proposals to improve multidistrict litigation proceedings. Although no formal action has been taken, the fact that the subcommittee has identified proposals raises the possibility of future rulemaking.
INSURTECH DEALS ON THE RISE
HEIGHTENED STANDARDS AND THE FCPA
IS MY LOOT BOX LEGAL?
The rise of the video game industry in recent years has led to growing scrutiny of certain practices by government officials, and the FTC is currently examining consumer protection issues related to “loot boxes” — in-game rewards that players can purchase while playing a video game. While most attempts to ban or regulate loot boxes have to date been unsuccessful, anyone with a connection to the video game industry should pay close attention to these developments.
Recent Trends in Shareholder Activism
Partner Richard Grossman and associate Alex Berg look at recent trends in shareholder activism, including the increasing focus on M&A activity, the merging of activism and private equity transactions, the rise in "reluctivists" and the global expansion of activism.
DOJ Invokes Arbitration Option For Merger Review
Partners Karen Hoffman Lent and Kenneth Schwartz take a look at the Antitrust Division of the Department of Justice's recent announcement that it will use arbitration, for the first time in more than 20 years, to settle its challenge of the proposed merger of two aluminum producers.
ISS Proposes Benchmark Policy Changes for 2020
Proxy advisory firm ISS has proposed changes to its benchmark voting policies to be applied for upcoming shareholder meetings. ISS is accepting comments on the proposed changes through October 18, 2019.