Jan. 26, 2024 - Important guidance on “acting jointly or in concert” in a proxy contest was provided by the British Columbia Securities Commission (Commission) in NorthWest Copper Corp. (December 22, 2023). The Commission declined to find a joint actor relationship between a dissident and another...
Patricia Olasker and Poonam Puri Write on Shareholder Activism in M&A Transactions
In an article published in Listed Magazine, Patricia Olasker and Poonam Puri examine how shareholder activism has been increasingly affecting Canadian public company board decisions and M&A outcomes.
The authors provide recent examples to illustrate the various ways in which shareholder engagement can occur in the M&A context. The activist or engaged shareholder can step in to negotiate a better deal for shareholders; act as a catalyst to push a reluctant board to engage with a hostile bidder on a deal that the board isn’t initially keen on; help stiffen a board’s resolve to reject an unsolicited bid; or, in some cases, initiate proposals themselves.
The authors conclude by offering tips for engaging shareholders to give boards an opportunity to achieve better – or at least more certain – outcomes.
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Governance Insights: 10 Trends that GCs and Boards Need to Know
Jan. 24, 2024 - The latest edition of Davies’ Governance Insights is now available. In this issue, we explore 10 important trends that will help general counsel and boards navigate the year ahead. In order to help you with your strategic and compliance planning, we discuss issues including the...