Delivering strategic advice, not just information. It's an art, not a science.
Nardello & Co. has unparalleled experience assisting corporations in defending against activist funds and in proxy battles. Drawing on our experience as attorneys, former law enforcement officials, corporate investigators, and journalists, we design and implement investigative plans tailored to the client’s needs. Our work in the context of corporate control contests is informed by our extensive experience in high stakes litigation and seeks to identify information about the adverse parties that corporate clients can utilize in activist and proxy matters.
Our activist defense services include looking at activists and their proposed slates to:
- Identify undisclosed liabilities such as regulatory matters and significant litigation
- Document misrepresentations, misstatements, or material omissions in securities filings
- Identify problematic public statements including those made on social media posts
- Expose integrity deficiencies
- Examine a party’s record on takeovers/proxy battles to identify tactics utilized previously
- Identify undisclosed relationships and affiliations to establish that adverse parties are acting in concert
- Uncover conflicts of interest
- Uncover evidence to support defenses against activists making environmental, social, and governance (ESG) claims
We also conduct in-depth background investigations of our clients’ senior executives and board members to identify potential vulnerabilities that could be exploited by activists.
