Publications

Advance Notification Bylaws

Spring 2005
Marc Weingarten
Activist Investing Developments - Spring 2005

One of the principal threats available to an activist investor against a company that fails to take the actions suggested by the investor is to replace one or more members of the board or to obtain passage of a precatory, or if possible mandatory, shareholder proposal. Either of these actions is generally taken at an annual meeting because, among other reasons, shareholders often lack the power to call special meetings and many corporations prohibit action by less-than-unanimous shareholder consent.