As the 2025 AGM season approaches, organizations should ensure the chair of the meeting is well-prepared on how to conduct a fair and orderly meeting.
Planning for your 2025 AGM: Tips for the chair
Should Shareholder Democracy Overrule Courts?
On January 4, 2024, the Court of Chancery of Delaware struck down the largest potential compensation plan in the history of public market – Elon Musk’s $55.8 billion compensation plan from Tesla. Can Musk override the Court’s decision with a
An analysis of complex M&A, shareholder activism, corporate governance issues and the Trump effect
On November 5, 2024, Donald Trump secured a decisive victory in the U.S. presidential election. In response, markets surged, while activists watched closely as companies and investors alike prepared for uncertainty and braced against the threat of “America First” tariffs
Are You Ready for the 2025 Proxy Season?
Canada saw 69 shareholder activist campaigns in 2023 – an unprecedented high from previous years. The 2024 proxy season saw a continued evolution of the shareholder activism landscape with a record-breaking 76 activist campaigns across 55 Canadian companies and 11 sectors. Investors are continuing to seek change through activist measures and, with increased focus, are seeing higher success rates – nearly doubling the success rate of that of management.
Shareholder activism campaigns: to settle, or not to settle?
In certain cases, disputes between companies and activist shareholders may be amicably resolved by entering into a settlement agreement. These agreements may provide a means to address the concerns and objectives of both parties while potentially avoiding costly and burdensome
2023 Activism Recap
The 2023 proxy season was marked by a number of notable developments in the activism landscape. After a downturn in shareholder activism throughout the COVID-19 pandemic, Canada experienced a resurgence in 2023 with a record number of activist campaigns. Activists
Leave to bring a derivative action: where one shareholder fails, another may succeed
In Eastern Platinum Limited v. Ren, 2024 BCCA 109, the BC Court of Appeal confirmed that where one activist shareholder’s proxy fight and subsequent derivative action fails, another shareholder represented by the same legal counsel can successfully obtain
Shareholder meeting format: considerations for going virtual in 2024
With the 2024 proxy season now in full swing, companies face a number of important questions. Among them is the timely question of meeting format: whether to hold the company’s annual general meeting (AGM) in person, virtually, or
AI governance: considerations for the 2024 proxy season and beyond
As artificial intelligence (AI) regulation takes shape globally, public companies face the challenge of navigating this evolving landscape. In Canada, securities regulators are actively deliberating on how best to regulate AI, while in the US, companies are already
Corporate litigation update – shareholder rights under corporate statutes in Q1 2024
This blog post is the first of a new series looking at recent developments in Canadian corporate litigation, with a slight bias towards Ontario. The goal is to provide regular updates on court decisions that are of interest to the