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This article shows how companies are deciding that sometimes it’s better to compromise than mount aggressive defenses. Putting an activist on a board early avoids the costs, distractions and reputational damages risked in a potential proxy fight—and brings behind closed doors contentious discussions about spinoffs, buybacks or asset sales. It also reflects the heightened pressure on corporate directors to show they’re acting on behalf of shareholders and willing to buck management.

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The information in any resource collected in this virtual library should not be construed as legal advice or legal opinion on specific facts and should not be considered representative of the views of its authors, its sponsors, and/or ACC. These resources are not intended as a definitive statement on the subject addressed. Rather, they are intended to serve as a tool providing practical advice and references for the busy in-house practitioner and other readers.
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