Shareholder Activism

Representative experience

National CineMedia, Inc. in a contest with an activist shareholder that demanded three board seats and threatened a proxy contest, resulting in a resolution with the activist that satisfied all parties.

ServiceSource International, Inc. on its discussions with activist Viex Capital, which was seeking a number of governance changes for the company, resulting in a settlement and standstill agreement with the activist.

QTS Realty Trust, Inc. in its successful defense against an activist campaign.

Office Depot on negotiations with activist Starboard Value Fund, resulting in a settlement with Starboard.

VIVUS on its proxy contest and hostile interactions with First Manhattan Co., which resulted in a settlement with First Manhattan.

Orthofix in connection with its proxy contest and hostile interactions with Ramius Group.

Novoste on its proxy contest and hostile interactions with Steel Partners.

A publicly listed REIT in negotiations with activist investor Land & Buildings, Inc. and its founder and CEO Jonathan Litt in connection with proposed changes in board composition and other governance matters.

A personal computer and technology company on its proxy contest with two high-profile activist shareholders, who were campaigning against the company’s merger transaction.

An international hotel company on its proxy contest and hostile interactions with a large shareholder, which had existing board representation.

A multibillion dollar technology company in connection with a public campaign (and aborted proxy contest) initiated by Carl Ichan to increase the company’s share repurchases.

A public pharmaceutical company in negotiations with an activist shareholder seeking a change in board composition.

A public restaurant company in negotiations with an activist stockholder encouraging the company to add more leverage to its capital structure.

A technology-driven language and reading company in its negotiation with an activist stockholder seeking representation on the board.

A public healthcare company in connection with a recent accumulation of its common stock by certain potentially activist stockholders.

A listed Dutch industrials group on dealing with an activist hedge fund investor.