Partner Gardner Davis discussed Procter & Gamble’s unusual move in declaring victory in its proxy battle with activist investor Nelson Peltz and his Trian Fund Management in a
Fortune article, “
P&G Did Something Odd in Declaring Victory Against Nelson Peltz.”
P&G submitted an 8K regulatory filing announced the preliminary outcome of the vote and relied on estimates. The filing included a footnote which offered at least areas in which it has deployed estimates of the tally.
“I don’t ever recall seeing a footnote like the one in P&G’s 8K,” Davis said. “This is so much of a high-stakes battle. I think they were under tremendous pressure to declare victory.”