Morgan Lewis - Shareholder Activism Defense: What You Need To Know About Advance Notice Bylaw Provisions

On November 8, 2017, Morgan Lewis corporate partner and shareholder activism defense practice leader Keith E. Gottfried and partner Sean M. Donahue conducted a webinar titled "Shareholder Activism Defense: What You Need to Know About Advance Notice Bylaw Provisions."

This 60-minute webinar provided an overview of advance notice bylaw provisions relevant to shareholder activism defense. Among the topics covered were what are advance notice provisions, the purposes of advance notice provisions, how advance notice requirements are different from Rule 14a-8 proposal requirements, the legal underpinnings of advance notice provisions, the key components of an advance notice provision, how is business properly brought before a shareholders’ meeting, prerequisites to submit an advance notice, what constitutes a proper and timely notice, use of advance notices for special shareholders’ meetings, proxy advisory firm policies relating to advance notice provisions, and the disclosure of advance notice bylaw deadlines in the company’s annual meeting proxy statement.