We believe finding creative, legal, and ethical solutions is 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.
We not only provide information, but deliver strategic advice which assists our clients’ corporate strategy in a timely and cost-effective manner.
Our work in the context of contests for corporate control 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 including:
- Identifying undisclosed relationships and affiliations to establish that adverse parties are acting in concert
- Uncovering conflicts of interest
- Identifying undisclosed liabilities such as regulatory issues and significant litigation matters
- Documenting misrepresentations, misstatements, or material omissions in securities filings
- Exposing integrity issues
- Detailing adverse parties’ track record on takeovers/proxy battles to understand tactics utilized previously
- Conducting due diligence to provide detailed background information on director nominees and expose potential vulnerabilities
- Undertaking research to support defenses against activists making environmental, social, and governance (ESG) claims.
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