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Helping Clients Navigate COVID-19 (Updating)

Kleinberg Kaplan is working closely with our clients to provide counsel and guidance during these unprecedented times. A selection of our recent thought leadership pieces related to the implications of COVID-19 includes: Corporate Considerations  Treasury Releases PPP Loan Forgiveness Application (May 18, 2020): The Treasury has rolled out a loan forgiveness application for the SBA’s…

Client Alerts | May 21, 2020 | Business Restructuring and Reorganization | Creditors’ Rights and Bankruptcy Litigation | Derivatives | Distressed Real Estate Assets | Employment Litigation | Estate Planning and Administration | Hedge Funds | Investment Management | Investor Activism | Leasing | Mergers & Acquisitions | Nonprofit and Tax-Exempt Organizations | Private Equity Funds | Securities and Corporate Finance | Special Situations and Credit

Kleinberg Kaplan Advises MG Capital Management in Its Consent Solicitation and Successful Settlement with HC2 Holdings

May 14, 2020 – Kleinberg Kaplan’s activism team advised MG Capital Management Ltd. (together with its affiliates, “MG Capital”) both in connection with its 2020 consent solicitation and the resulting settlement, announced earlier today, with HC2 Holdings, Inc. (“HC2”). MG Capital is led by Third Point alum and first-time activist Michael Gorzynski, who, together with…

Firm News | May 14, 2020 | Investor Activism

Kleinberg Kaplan Partner Christopher Davis Quoted in Activist Insight’s report: “COVID-19: The Impact on Shareholder Activism”

Kleinberg Kaplan Partner Christopher Davis is quoted in Activist Insight’s report, a collection of analyses on the impact of COVID-19 on shareholder activism. The article, “Five Uncertainties,” begins on page 7 of the report and features his thoughts on navigating the logistics of annual meetings and other proxy season considerations raised by the pandemic. Chris…

Firm News | April 28, 2020 | Investor Activism

Please Mute Your Line: Delaware Streamlines Procedures for Virtual Stockholder Meetings

Delaware Governor John Carney issued an amendment to Delaware’s State of Emergency Order late Monday evening (the “DE Order”) granting Delaware corporations new flexibility to hold annual and special meetings during the COVID-19 pandemic.1 The Order Delaware corporations that have already provided notice to their stockholders of a physical annual or special meeting can now…

Client Alerts | April 9, 2020 | Investor Activism

Navigating the Temporary Rules for Hart-Scott-Rodino Notifications

As part of the federal government’s response to the COVID-19 coronavirus pandemic, effective as of March 17, 2020, and until further notice, the Federal Trade Commission (“FTC”) and the Department of Justice (“DOJ”) have enacted temporary rules governing the submission and processing of Notifications under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (“HSR”).…

Client Alerts | March 19, 2020 | Mergers & Acquisitions | Investor Activism

Kleinberg Kaplan Ranks Third Among Global Legal Advisors for Activist Campaigns in 2019 According to Bloomberg

Leading private investment funds law firm Kleinberg Kaplan was featured as a top legal advisor for activist campaigns in Bloomberg’s first-ever activism league table. The firm ranked third for legal counsel advising activist investors according to The Bloomberg Activism Advisory League Tables. Kleinberg Kaplan’s Investor Activism practice is effectively positioned as one of the few…

Firm News | January 22, 2020 | Investor Activism

Kleinberg Kaplan Third Most Active Legal Advisor for Activist Campaigns in First Half of 2019 According to Latest Refinitiv Data

Leading hedge fund law firm Kleinberg Kaplan ranks among the most active legal advisors for activist campaigns, according to data intelligence provider Refinitiv. For the first six months of 2019, Kleinberg Kaplan ranked third for legal counsel advising activist investors, according to its Global Shareholder Activism Scorecard released this past week. “It is gratifying to…

Firm News | September 18, 2019 | Investor Activism

SEC Withdraws Two No-Action Letters Concerning Proxy Advisory Firms

The Securities and Exchange Commission’s (the “SEC“) Division of Investment Management has announced the withdrawal of two no-action letters[1] that provided guidance to registered investment advisers regarding their use of proxy advisory firms consistent with Rule 206(4)-6 under the Investment Advisers Act of 1940, as amended (the “Proxy Rule“). [2] Under the Proxy Rule, registered…

Client Alerts | October 24, 2018 | Investor Activism | Hedge Funds

SEC Proposes Amendments to Permit Universal Proxy Ballots in Contested Director Elections

Amendments Would Provide Investors the Ability to Choose More Easily Between Candidates Offered by Activists and Candidates Offered by a Company On October 26, 2016, the Securities and Exchange Commission (“SEC”) proposed amendments to the proxy rules to facilitate voting in director elections by, among other things, requiring parties in a contested election to use…

Client Alerts | October 28, 2016 | Investor Activism | Hedge Funds

Massive increase in HSR monetary penalties underlines the tremendous importance of proper compliance

On Wednesday, June 29, 2016, the U.S. Federal Trade Commission (the “FTC”) announced that it approved final amendments to Commission Rule 1.98 to increase the maximum civil penalty dollar amounts for various legal violations as required by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. Among such violations, as of August 1,…

Client Alerts | July 7, 2016 | Securities and Corporate Finance | Investor Activism