Foley Partner John Wilson authored an article titled “Warding Off Proxy Battles” in the September 2009 issue of Treasury & Risk. Wilson discusses steps that public companies can take to address scrutiny from shareholders on compensation and corporate governance issues during proxy season, noting that public companies need to be proactive about communications with activist shareholders so that such interactions do not rise to the level of a proxy contest. He adds that developing consistent and frequent discussions with shareholders about the company’s strategy, challenges and performance may result in increased support from the company’s shareholder base should any conflict with an activist shareholder arise.
Foley Associate Benjamin Rikkers helped prepare the article.