This program will cover the important influence that shareholder activist campaigns have on a restructuring process, both in- or out-of-court, when shareholder activists target a distressed company and the best practices for distressed companies facing such shareholder activism. Particularly, this program will discuss the traditional and recent approaches bankruptcy courts have taken when deciding whether to limit shareholders’ corporate governance rights, explore the various actions shareholder activists may take to preserve their investments, and the potential strategies debtors and distressed companies facing activist campaigns can employ to challenge or prevent such shareholder interference in a restructuring process.
George Howard’s practice involves representing debtors, creditors (including syndicated bank groups and agents), equity holders, and distressed investors in all aspects of complex corporate restructurings including chapter 11 cases, out-of-court restructurings, and special situation investments and acquisitions. George also advises boards of directors and senior management of financially troubled companies regarding fiduciary duties; restructuring strategies and considerations; operating in chapter 11; negotiating and structuring financings; mass tort, environmental and other legacy liability issues; and a wide range of complex commercial transactions.
George was selected as an emerging leader by the American Bankruptcy Institute’s 40 Under 40 initiative in 2019 and was named as an Outstanding Young Restructuring Lawyer by Turnarounds & Workouts in 2019. In addition, he advised on the restructuring of Molycorp, which was recognized as 2017 Transaction of the Year: International by the Turnaround Management Association.
Lawrence Elbaum is the co-head of V&E’s Shareholder Activism practice. He leverages more than a decade of experience as a securities attorney and business advisor to counsel senior management and boards of public companies with respect to shareholder activism campaigns and complex corporate governance matters.
Lawrence is highly experienced in advising clients concerning proxy fights, merger contests, consent solicitations, “Withhold the Vote” or “Vote No” campaigns, precatory proposals and short attacks. He also counsels clients on strategic investor relations and shareholder activism-related litigation and investigations in the U.S. and abroad.
Over the past five proxy seasons, Lawrence has successfully led scores of defense engagements across all market capitalizations and covering virtually every industry, including retail/wholesale, restaurant, hospitality, energy, mining, manufacturing, engineering, pharmaceutical and real estate/REITs. He also represents select investors in activism campaigns against public companies.
Over the course of Lawrence’s leadership of the Shareholder Activism practice, the team has been ranked the top firm for shareholder activism defense for company and board representation by Refinitiv, Activist Insight, and FactSet, and Lawrence was highlighted as a Next Generation Partner by The Legal 500 2020’s Shareholder Activism – Advice to Boards category. Lawrence has been named finalist for “Dealmaker of the Year” as part of The Deal Awards 2019 and 2020. In 2018, the New York Law Journal gave Lawrence its Rising Star award, which honors the most promising attorneys in New York’s legal community under the age of 40 who have influenced their practice areas in New York and around the country.
George Howard’s practice involves representing debtors, creditors (including syndicated bank groups and agents), equity holders, and distressed investors in all aspects of complex corporate restructurings including chapter 11 cases, out-of-court restructurings, and special situation investments and acquisitions. George also advises boards of directors and senior management of financially troubled companies regarding fiduciary duties; restructuring strategies and considerations; operating in chapter 11; negotiating and structuring financings; mass tort, environmental and other legacy liability issues; and a wide range of complex commercial transactions.
George was selected as an emerging leader by the American Bankruptcy Institute’s 40 Under 40 initiative in 2019 and was named as an Outstanding Young Restructuring Lawyer by Turnarounds & Workouts in 2019. In addition, he advised on the restructuring of Molycorp, which was recognized as 2017 Transaction of the Year: International by the Turnaround Management Association.
Lawrence Elbaum is the co-head of V&E’s Shareholder Activism practice. He leverages more than a decade of experience as a securities attorney and business advisor to counsel senior management and boards of public companies with respect to shareholder activism campaigns and complex corporate governance matters.
Lawrence is highly experienced in advising clients concerning proxy fights, merger contests, consent solicitations, “Withhold the Vote” or “Vote No” campaigns, precatory proposals and short attacks. He also counsels clients on strategic investor relations and shareholder activism-related litigation and investigations in the U.S. and abroad.
Over the past five proxy seasons, Lawrence has successfully led scores of defense engagements across all market capitalizations and covering virtually every industry, including retail/wholesale, restaurant, hospitality, energy, mining, manufacturing, engineering, pharmaceutical and real estate/REITs. He also represents select investors in activism campaigns against public companies.
Over the course of Lawrence’s leadership of the Shareholder Activism practice, the team has been ranked the top firm for shareholder activism defense for company and board representation by Refinitiv, Activist Insight, and FactSet, and Lawrence was highlighted as a Next Generation Partner by The Legal 500 2020’s Shareholder Activism – Advice to Boards category. Lawrence has been named finalist for “Dealmaker of the Year” as part of The Deal Awards 2019 and 2019. In 2018, the New York Law Journal gave Lawrence its Rising Star award, which honors the most promising attorneys in New York’s legal community under the age of 40 who have influenced their practice areas in New York and around the country.
Outside of the office, Lawrence works with organizations to promote gender and ethnic diversity in public company boardrooms across Corporate America. He also devotes significant efforts to pro bono work, including having represented battered and indigent women in connection with divorce, alimony, and child custody and support proceedings in New York City. In addition, he supports a host of regional, national and
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