Activism/Contested M&A

Jim Woolery and Woolery & Co have advised on and helped to catalyze some of the most high profile and complex contested M&A and activist situations. These include Xerox’s hostile bid for rival HP, Air Products hostile bid for Airgas, and numerous proxy contests and contested votes involving, among others, Icahn Enterprises (Carl Icahn), Pershing Square (Bill Ackman), Elliott Management, Third Point (Dan Loeb) and Starboard Value. Woolery & Co advises across the full suite of legal and commercial issues relevant to an activist/contested situation, including board/shareholder engagement, director candidate selection, investor relations and proxy strategy. The Firm prides itself on its creative litigation strategies, including using litigation as leverage to drive towards commercial resolution. Recently, Woolery & Co successfully argued in front of Vice-Chancellor Travis Laster in Delaware, leading to a clawback of Elliot Management’s Cooperation Agreement with Crown Castle and established new precedent on public company settlements with activists. With our deep experience across the Wall Street ecosystem, we personally know most of the institutional shareholders, buy-side funds, public company boards and principals to activist/contested situations, allowing us to bring a commercial and holistic perspective to our strategic advisory with an aim towards swift and successful resolution.