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Identify the team of advisors that the board would retain in an activist situation and discuss these issues with them.
When companies engage with long-term institutional investors and demonstrate responsiveness to their concerns, those same investors are better positioned to support the company in an activist situation and may prove to be the company's strongest allies.
A board that is well-informed about activism in general and is regularly briefed on company-specific issues that impact the company's risk profile can approach an activist situation with a greater sense of confidence and navigate to a superior outcome.
More companies are realizing that when company and long-term shareholder views are aligned, those shareholders can be a tremendous ally for the company in an activist situation, including actively reaching out to other shareholders to argue in support of management's position.
Carl Icahn Carl Icahn is a shareholder of Cigna, as is value investor David Dreman, and my guess is at some point this will either be an LBO or an activist situation.
Similar(55)
The issue has come to light because of two recent activist situations.
What's more, many activist situations remain out of the public eye, suggesting the actual numbers are likely to be much higher.
The board of directors should take center stage in a transaction that creates a real or perceived conflict of interest between shareholders and management, including activist situations.
This is a strategically-driven approach that may evolve as the use of social media in activist situations becomes more commonplace.
We have not included SharkRepellent.net's other categories of "Exempt Solicitations" and "13D Filings Without Public Activism" as activist campaigns in this publication, as they more often reflect ordinary course shareholder interaction rather than true activist situations.
As companies have expanded their shareholder engagement efforts, both within and outside of activist situations, a frequent topic of commentary has been the involvement of directors in meeting directly with shareholders.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com