Activism Defense

Collectively, our team has successfully advised on hundreds of activism and takeover defense matters, including engagements involving leading activists, such as Ancora, Carl Icahn, Corvex Management, D. E. Shaw, Elliott Management, Eminence Capital, Engaged Capital, JANA Partners, Land & Buildings, Politan, Sachem Head, Starboard Value and Trian Partners. While we only represent public companies and their boards and management teams, we are intimately familiar with the playbooks deployed by first-time, occasional, and frequent activists and their advisors, allowing us to deliver actionable, targeted and timely advice covering each variety of investor approach.

We drive favorable outcomes across every engagement scenario, including private communications, settlements and cooperation agreements, proxy contests and withhold campaigns, alternative activism strategies, contested transactions, and ordinary course investor relations.

Cooley’s central position in the innovation economy and public company representation landscape empowers us to provide clients of all sizes – and across every industry and sector – with pragmatic advice derived from real-world experience and knowledge depth in key domains. In addition, our leading position representing high-growth and founder-led companies gives us unparalleled insights into defending these issuers and devising thoughtful solutions to the unique challenges they face.

We have strong relationships across the activism landscape, reaching key institutional investors, financial advisors, proxy advisors and solicitors, and communications firms. Our regular collaboration with other defense advisors fosters seamless, effective and business-oriented counsel.