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ARTICLE · 28 APRIL 2020

Protecting Against Shareholder Activism In Uncertain Times

McMillan LLP
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The global financial crisis that began in 2008 led to a historic rise in shareholder activism. We would expect a similar increase in activism as a result of the COVID-19 pandemic

CanadaCorporate/Commercial Law

The global financial crisis that began in 2008 led to a historic rise in shareholder activism. We would expect a similar increase in activism as a result of the COVID-19 pandemic, as depressed share prices and beaten down balance sheets, as well as low borrowing rates, will provide activists with unprecedented opportunities. However, we would expect that this new wave of activism would be delayed in the short term until the market stabilizes or there is more clarity on the duration of the pandemic. This reprieve in the coming months will allow companies to prepare for coming campaigns.

Limited Activism in the Near Term

In the near term, we anticipate that activists will struggle to capture the attention of shareholders who are otherwise consumed with news of COVID-19 and its public health and economic consequences. Corporate governance, executive compensation, board performance, relative financial results, traditional approaches to unlocking shareholder value and

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The foregoing provides only an overview and does not constitute legal advice. Readers are cautioned against making any decisions based on this material alone. Rather, specific legal advice should be obtained.

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