TheCorporateCounsel.net

We’ve recently posted another episode of our “Understanding Activism with John & J.T.” podcast. This time, Cleary’s J.T. Ho and I were joined by Christine O’Brien, Interim Head of Special Situations & IR at Edelman Smithfield, and Lex Suvanto, Edelman Smithfield’s CEO. Topics covered during this 47-minute podcast include:

– The biggest mistake boards make in the first 48 hours after an activist shows up.
– The problem with “listen-only” and better strategies for the first engagement.
– The downside of delay tactics.
– The line between managing the narrative and damaging trust.
– Activist expectations around early board-level engagement.
– How public comments during activist engagements can shift the balance of power.
– Is there ever a place for “bedbug letters”?
– How defensive moves like poison pills or bylaw changes are perceived by long-term investors.
– The risk of preemptively appointing directors in response to activist pressure.
– How overly aggressive standstill terms derail settlements.

This podcast series is intended to share perspectives on key issues and developments in shareholder activism from representatives of both public companies and activists. We continue to record new podcasts, and they’re full of practical and engaging insights from true experts – so stay tuned!

– John Jenkins