Shareholder engagement and activism
Our multidisciplinary shareholder engagement and activism team is experienced in guiding companies, boards and executives through the full spectrum of shareholder engagement and activism matters, including the most complex shareholder activism campaigns and boardroom challenges.
We provide comprehensive support, from preparedness and planning, strategy development and shareholder engagement, to securities and corporate law issues, settlement agreements and litigation.
Understanding activists’ varying styles of engagement is crucial when responding to an activist campaign. With deep knowledge of US and European activists and their playbooks, as well as strong local and regional expertise, we offer a unique perspective on the global activism landscape. Our team has successfully represented clients in campaigns in the US, Europe and Asia, and on a cross-jurisdiction basis, involving all of the major activists in the market.
Even when not facing an imminent threat, companies can take proactive steps to ward off a potential campaign. Preparing for and defending against activist shareholders requires a holistic approach – our expert legal advice must be integrated into and work for the business. At Freshfields, we help companies navigate the activist landscape by striking the right balance between strategic risk management, including by assessing (and helping to address) any corporate governance or other vulnerabilities, developing preparedness manuals and running mock activist campaigns, as well as proactive defence, in the event that a campaign materialises.
Success in activism campaigns also hinges on building and maintaining strong relationships with shareholders and other stakeholders. Freshfields has a proven track record in helping companies achieve this, including by working alongside public relations firms and proxy advisers to prepare a tactical stakeholder engagement strategy, and where appropriate, compelling public responses to an activist’s public attacks.
Recognition
Band 1 for “Corporate Governance” – Legal 500 (2024), United States
Client quote: “The governance team at Freshfields are standouts in terms of depth of knowledge and good, client-focused practical advice.” – Legal 500 (2024)
Rank 1 “Top Company Legal Advisers (Europe)” – Bloomberg Global Activism League Tables (H1 2024)
Contacts
Elizabeth K. Bieber
Partner
New York
Oliver J. Board
Partner
New York
Noah Carr
Partner
Tokyo
Kate Cooper
Partner
London
Sebastian L. Fain
Partner
New York
Deborah Janssens
Global Co-Head of Industrials
Brussels
Tomoko Nakajima
Partner, Head of Japan M&A
Tokyo
Hervé Pisani
Partner
Paris
Julian Pritchard
Partner, Head of Global Transactions
London
Prof. Dr. Christoph H. Seibt
Partner
Hamburg
Gregor Von Bonin
Partner
Düsseldorf
Our podcasts
