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ARTICLE · 11 JUNE 2015

Lessons From The DuPont/Trian Proxy Battle

The last year has seen an increase in shareholder activism in the chemicals and materials sector with varying degrees of success.

CanadaCorporate/Commercial Law

The last year has seen an increase in shareholder activism in the chemicals and materials sector with varying degrees of success. In late 2014, the board of chemicals giant Dow Chemical negotiated a settlement with hedge fund manager Daniel Loeb of Third Point Management after Loeb threatened a proxy war. The settlement led to, among other things, two independent Third Point nominees joining the company's board. Agruim was also targeted last year by two different activist investors, the first leading to a 10-month proxy fight in which Agrium was ultimately successful.

Most recently, the board of E.I. DuPont de Nemours, a leading U.S. chemicals and materials conglomerate, was targeted by activist investor Nelson Peltz of Trian Management. In mid-May, Trian challenged Dupont's board and, after settlement negotiations failed, the hedge fund began an aggressive proxy campaign against the company. Trian nominated four directors to the board and criticized Dupont's current

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