The Double Bind of M&A Activism

In their latest Agenda article, co-chairs of Sidley’s Shareholder Activism and Corporate Defense practice, Derek Zaba and Kai H.E. Liekefett, examine the resurgence of mergers and acquisitions (M&A)-focused shareholder activism and the challenges companies face when activists push for strategic reviews or transactions.

The authors discuss how activist demands can shift before and after a deal announcement, creating risks for both buyers and sellers, and outline practical considerations for boards preparing for potential activist scrutiny, including transaction planning, shareholder engagement, and communications strategies.

Read the full article for additional insights into how boards can anticipate and address shareholder activism risks throughout the M&A process.