Understanding Activism with John & J.T.: Kyle Pinder on Challenges to Advance Notice Bylaws

Kyle Pinder is a partner of Morris Nichols Arsht & Tunnell. He regularly advises clients on all aspects of corporate governance, including governing document amendments, initial public offerings and other equity issuances, contests for control and stockholder activism. Kyle also counsels corporations, directors, officers, stockholders and investors on fiduciary duty and transactional issues arising under Delaware law, including in connection with M&A, financing, and restructuring transactions, dissolutions, and statutory ratifications of defective corporate acts.

Topics:

1. Overview of the Delaware Supreme Court's decision in Kellner v. AIM Immunotech and key takeaways
2. Likely response of the Plaintiff's Bar to Kellner
3. Advance notice bylaw provisions that have been targeted in recent Delaware litigation
4. Actions that companies should consider in response to recent bylaw challenges
5. Impact of new Section 122(18) on cooperation agreements with activist investors

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The views set forth in the podcast are the speaker's personal views and do not necessarily reflect those of their firm, company, institution, other organizations, or any of the clients with which they are associated.