Shareholder engagement and activism

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.