Shareholder Activism & Hostile Takeover Defense

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Kirkland has successfully defended our clients against all of the leading activists, as well as numerous first-time and unconventional actors.

  • Our track record demonstrates that we are not motivated to push our clients into proxy fights (unless warranted by the circumstances) or to seek media attention.
  • When the situation dictates, we use all available legal and other tactical options to press advantages in proxy contests where most advisors would shy away. We employ the most sophisticated and creative legal, PR and IR strategies and tactics, resulting in our clients regularly winning outright at the ballot box, securing favorable settlements or forcing the activists to withdraw their campaigns.

We are not anchored to any ideological or historical approach to activism.

  • Largely recycled responses and tactics from prior cycles are, in most cases, no longer effective.
  • We have built a reputation with the leading players across the activism ecosystem (including the decision makers at leading proxy advisory firms and activists and their counsel) as the most thoughtful and creative practitioners in resolving activist situations.

We believe that clients benefit from a holistic approach to activism defense rather than as a niche silo practice.

  • Our team incorporates relevant experience from many of Kirkland’s market leading practices, including M&A, capital markets, ESG, litigation and restructuring.
  • This approach better enables our clients to tailor their strategic and defense messaging to key market participants in a manner that credibly and persuasively speaks to the broader picture.

Won and established key precedent with SEC in first attempted proxy contest under new universal proxy rules

Winner, Activist Defense Law Firm of the Year

The Deal Awards, 2020

Band 1 (Highest Ranking) for Shareholder Activism: Advice to Boards

The Legal 500 United States, 2020–2023