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Special Situations Law Blog

Articles: 1-10 of 33

The dissatisfied institutional investor: intervene or exit?

Canada - October 5 2015 Considering the role of institutional investors in influencing corporate governance is critical to effective corporate decision making. Broadly…

Beyond governance – a Canadian perspective on pre-empting activism through shareholder value creation

Canada - September 21 2015 In collaboration with The Boston Consulting Group and RBC Capital Markets, our Canadian Special Situations Team has released a paper offering a fresh…

Multiple activist campaigns on the rise as activists outnumber target companies

Canada - August 28 2015 A corollary to the trend of rising shareholder activism is the increasing frequency with which target companies are facing multiple activist…

Forum selection by-laws come to Canada

Canada - August 10 2015 A forum selection by-law can be used by corporations to help ensure that lawsuits regarding the internal affairs of the corporation are limited to a…

Executive compensation and shareholder activism

USA - July 20 2015 Executive compensation has been a hot button issue as of late. Not only has executive compensation come under increased scrutiny from politicians…

Hedge fund activism: the importance of preparation

Canada - July 2 2015 Boy Scouts know it and today's boards and executive officers know it too: be prepared. In a recent article by Martin Lipton, Mr. Lipton makes it…

Moving away from a mechanistic evaluation of board term limits

Canada - June 24 2015 Earlier this month, Robert Pozen, senior lecturer at Harvard Business School contended that a simple reliance on board term limits as an evaluation…

Canada and France: will legislative changes reduce hostile bids?

Canada, France - June 18 2015 While the Canadian Securities Administrators' (CSA) proposed changes to the hostile take-over bid regime have been discussed extensively in Canada, a…

The CCGG makes a push for enhanced proxy access

Canada - June 2 2015 The Canadian Coalition for Good Governance (CCGG) recently released its much anticipated policy paper on “proxy access”, a term which refers to…

Proxy advisory guidance

Canada - May 5 2015 On April 30, 2015, the Canadian Securities Administrators (CSA) adopted National Policy 25-201 Guidance for Proxy Advisory Firms (the Policy). The…