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Ethical Boardroom

Help! I settled with an activist!

Spring 2019

Public companies in the US and around the world are increasingly signing settlement agreements as a means to put shareholder activist campaigns to rest.

While companies are allured by the prospect of a quick end to the public side of an activist campaign, settlement agreements often invite new disruptions inside the boardroom and interrupt a board’s ability to concentrate on executing a long-term strategy. Moreover, settlement agreements are of increasingly shorter duration, meaning that the peace boards bargained for often becomes merely a fleeting respite from what is, in fact, a multi-year campaign of the activist.