Securities Litigation |
Shareholder Rights, Activist Strategy, and Mergers and Acquisitions Litigation

Shareholder Rights, Activist Strategy, and Mergers and Acquisitions Litigation

We provide return-enhancing strategies across the spectrum of shareholder rights arising from underpriced mergers and acquisitions or from large or concentrated positions in underperforming companies. Our analysis is not limited to one kind of claim or one kind of case–we take a holistic approach to enhance investor returns and protect investor rights in each deal or situation. Our lawyers have extensive experience litigating shareholder activism matters in all courts, particularly the Delaware Court of Chancery where most of these matters are brought.

For historical holders looking to become activists, we manage the process of 13D filings, issuer communications, proxy fights, and, if necessary, shareholder litigation. We also help structure resolutions designed to enhance board accountability and maximize shareholder value. Our team also has extensive experience litigating over broken transactions and counseling investors about the implications of mergers that have run into trouble.

No matter the shareholder strategy your fund is looking to pursue, you benefit from a holistic approach with lawyers who consider the full set of potential options to bring about the result you and your investors seek. That approach is baked into every analysis we provide.

Practice Leadership

Thomas E. Redburn Jr.
Partner
Chair, Securities Litigation

EXPERIENCE

Representing the former CEO of a large company sold for hundreds of millions of dollars in a litigation alleging breach of representations and warranties and other claims arising from the merger transaction.
After trial, received one of only a few above-deal-price awards for a public company in an appraisal case in the past several years, as counsel for large institutional investors in Delaware Chancery Court; the group pursued their statutory right to appraisal of their $200 million stake in the company following the acquisition of Regal Entertainment Group by Cineworld Group PLC.
Representing a hedge fund in arbitration proceedings pertaining to a partnership divorce.
Representing a hedge fund in a litigation pertaining to its contractual rights to acquire shares of a large high-tech corporation.
Representing an activist shareholder in a dispute regarding unseating members of the board of a large company.
Represented large institutional holder in fiduciary duty litigation involving the failed SunEdison/Vivint merger and its impact on SunEdison’s yieldco subsidiary TerraForm Power, Inc.
Represented hedge fund shareholder in fiduciary duty litigation challenging acquisition of Kindred Healthcare.
Counseling numerous investors in connection with implications of terminated mergers and ensuing litigation during COVID-19 crisis.