Shareholder Activism: Ten Trends for 2027

Elina Tetelbaum is a Partner and Loren Braswell is Counsel at Wachtell, Lipton, Rosen & Katz. This post is based on their Wachtell Lipton memorandum.

Last year, we identified ten trends that we expected to shape shareholder activism in 2026. Those trends included: increasing M&A-focused activism, emboldened occasional activists, less visibility into shareholder views, the normalization of serving as a dissident nominee, and more “withhold” campaigns.

The 2026 proxy season has largely borne out our expectations. Activism continued at elevated levels globally in the first half of 2026. Approximately 40% of campaigns involved an M&A-related thesis, fueled by a constructive regulatory and financial environment. However, the high volume of activism has not translated into a corresponding increase in proxy fights going to a vote. Settlements remain the principal mechanism for resolution, with a significant number of settlements being announced prior to any public agitation by the activist. The proxy voting system is also becoming more fragmented, and therefore less predictable, as the “Big Three” institutional investors split their voting teams, pass-through voting becomes more prevalent, and large investors increasingly incorporate AI into their voting models.

Against this backdrop, we expect the following ten trends for the year ahead.

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Executive Security and Protection Continues to Expand

Aubrey Bout is a Managing Partner and Rebecca Friday and Ben Futterman are Consultants at Pay Governance LLC. This post is based on their Pay Governance memorandum.

KEY TAKEAWAYS

  • Personal security benefits are becoming more common. Among S&P 500 companies, prevalence of CEO personal security increased from 35% to 54% year over year, while approximately 47% of companies now provide personal security to at least one additional named executive officer (NEOs).
  • Growth is most pronounced below the CEO level. Median personal security values for other NEOs rose from approximately $10K to $32K, while the 75th percentile increased from approximately $32K to $143K.
  • Security programs are becoming more multidimensional. Based on most recent 2026 proxy disclosures, there are increased references to digital protection, cybersecurity monitoring, online privacy services, personal data removal, home network monitoring, and independent risk assessments.
  • Personal Aircraft usage values increased. CEO aircraft usage values increased 17% at the median and 37% at the 75th percentile, with meaningful increases also reported for other NEOs.
  • Disclosure quality is improving. Disclosures increasingly address digital security, independent risk assessments, and governance oversight.

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Board Oversight of AI Transformation

Dan Priest is a Chief AI Officer, Jenn Kosar is an AI Assurance Leader, and Barbara Berlin is a Managing Director at PricewaterhouseCoopers LLP. This post is based on their PwC memorandum.

Introduction

Since the launch of ChatGPT in late 2022, AI has rapidly evolved from a breakthrough technology into a core driver of business transformation. The pace of change has been rapid, and companies are now moving beyond experimentation to redesign how work gets done across products and services, decision-making, operations, and the workforce itself. As with other major technology shifts, the long-term impact will depend less on the tools themselves and more on how efficiently companies redesign the business around them.

A company’s success with AI will likely depend on clear strategic choices, disciplined investment, workforce and operating model change, and the ability to scale adoption for competitive advantage. It will also depend on building trust through effective risk management, strong governance, and responsible use.

As technology advances and becomes more accessible, companies face dynamic and evolving transformation. AI strategies may need to adapt over time, requiring ongoing reassessment of priorities and investments. History shows that we often misjudge technological change, overestimating short-term breakthroughs while overlooking its deeper, long-term impact. AI is no exception.

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DATs and Crypto-Pivot Companies: Understanding and Mitigating Shareholder Activism Risks

Leonard Wood is Chair of the Shareholder Activism and Takeover Defense Practice, Daniel Roeser is a Partner in the Securities Litigation and White Collar Defense groups, and Karen Ubell is Co-Chair, Digital Currency & Blockchain at Goodwin Procter LLP. This post is based on their Goodwin memorandum.

The emergence of digital asset treasury companies (“DATs”) and crypto-pivot companies – public companies that have repositioned all or a substantial portion of their corporate strategy around the acquisition, accumulation, and management of digital assets – has introduced a new and rapidly evolving sector of public companies to the market. Since the beginning of 2025, a growing number of public companies have adopted some version of the playbook: reposition legacy businesses around digital asset treasury strategies; accumulate digital assets on the balance sheet; and, in some cases, deploy digital assets to generate returns through staking,[1]  lending, protocol participation, and related activities. Early DATs and crypto-pivot companies attracted substantial institutional and retail capital because their stocks traded at a significant premium to the market values of their accumulated digital assets (i.e., their net asset value or “NAV”).

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Recent Developments for Directors

Julia A. Thompson, Charles K. Ruck, and Joel H. Trotter are Partners at Latham & Watkins LLP. This post is based on a Latham memorandum by Ms. Thompson, Mr. Ruck, Mr. Trotter, Jenna B. Cooper, Keith L. Halverstam, and Ryan J. Maierson, all at Latham.

SEC Proposes Semiannual Reporting, Broad Regulatory Relief for Compliance and Registered Offerings

Sweeping proposals from the US Securities and Exchange Commission would revamp public company reporting and streamline access to public capital markets. The proposals could become effective as early as 2027 or, more likely, 2028.

Companies would be free to choose each year to use one of several methods of reporting their interim financial results. They could switch to semiannual reporting on a newly created Form 10‑S, or they could maintain a quarterly reporting cadence either by filing traditional Form 10‑Q reports or by combining quarterly earnings releases with a semiannual Form 10‑S filing. The SEC’s proposal introduces flexibility and promotes private ordering, although companies will need to weigh the benefits of that flexibility against the implications of departing from established quarterly reporting conventions.

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Remarks by Chairman Atkins on Artificial Intelligence and Reforming Regulation NMS

Paul S. Atkins is the Chairman of the U.S. Securities and Exchange Commission. This post is based on his recent remarks. The views expressed in the post are those of Chairman Atkins and do not necessarily reflect those of the Securities and Exchange Commission or its staff.

Good morning, ladies and gentlemen. I regret that contemporaneous business out of town keeps me from joining you in person today, but I would be remiss not to briefly address this group—albeit pre-recorded—and to thank you for your spirited service on behalf of American investors. I am grateful, as ever, for the thoughtfulness with which you consider the key opportunities and challenges facing them today.

Before I continue, I must note the customary disclaimer that the views I express here today are my own as Chairman and do not necessarily reflect those of the SEC as an institution or of my fellow Commissioners.

To begin, your first panel will focus on a technological frontier that holds great promise, but can also provoke real questions and concerns. To that end, the perspectives of this Committee and today’s panel participants on the burgeoning influence of Artificial Intelligence—and its possible role in corporate disclosures—are important to the Commission.

Now, while AI may help alleviate certain analytical burdens in distilling information in SEC filings, some may infer from this that the Commission has latitude to depart from its longstanding principle of materiality when prescribing disclosure requirements. I, for one, do not share that view.

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SEC Proposes Regulation Crypto Assets: A Tailored Offering Framework for Crypto Investment Contracts

Jason Daniel and Mike Asaro are Partners and Jack Murphy is a Senior Counsel at Akin Gump Strauss Hauer & Feld LLP. This post is based on an Akin Gump memorandum by Mr. Daniel, Mr. Asaro, Mr. Murphy, John Clayton, Peter Altman, and Shar Ahmed, all at Akin Gump.

The Securities and Exchange Commission (SEC) has proposed the first registration-exempt offering pathway designed specifically for crypto assets. On August 18, 2026, the SEC proposed Regulation Crypto Assets, which would create a tailored securities offering regime for certain investment contracts involving crypto assets (covered investment contracts). The proposal represents the SEC’s first crypto-specific offering framework, signaling the SEC’s intent to establish a structured exemptive regime through rulemaking even as Congress continues to debate comprehensive digital asset legislation.

The proposed rules include two exemptions from registration under the Securities Act of 1933, as amended (Securities Act), a conditional safe harbor from “investment contract” classification, and preemption of state securities law registration requirements. The non-exclusive nature of the Regulation Crypto Assets exemptions means issuers can combine multiple regulatory pathways to avoid traditional registration. The public comment period will remain open for 60 days following publication of the proposing release in the Federal Register.

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Weekly Roundup: September 4-10, 2026


More from:

This roundup contains a collection of the posts published on the Forum during the week of September 4-10, 2026

2026 Proxy Season: Trending Proposal Topics



Boeing Decision Appears to Narrow Potential Caremark Liability for Directors and Officers


SEC Issues New Guidance Clarifying Ability of Schedule 13G Filers to Engage with Other Investors and Issuers


DOJ Withdraws 1987 ISS Business Review Letter, Thereby Signaling Continued Proxy-Advisor Scrutiny


Measuring Board Fit — Evidence from Elliott’s Campaign at Norwegian Cruise Line



Chancery Dismisses Claims Financial Advisor Steered Deal to a Favored Bidder—Envestnet


The Market for ESG Ratings


SEC Proposes Rescission of Investment Adviser Pay-to-Play Rule


SEC Announces Dedicated Financial Reporting and Accounting Unit: Implications for Audit Committees, Boards and Public Companies


Private Equity and Pay Gaps Inside the Firm



Individual Investors Filing Shareholder Resolutions Have Had A Significant and Impactful Role in Encouraging Good Corporate Governance

Timothy Smith is the Senior Policy Advisor at the Interfaith Center on Corporate Responsibility (ICCR). This post is based on his ICCR memorandum.

There has been considerable attention to the shareholder resolution process in the last months. Institutional investors, religious investors, pension funds, have all been speaking out about protecting the right of shareholders to engage companies by filing resolutions. Yet the role and the impact of the small individual investor has been underplayed. In fact, two individual investors have had a significant impact on the policies and practices of governance in corporate America. They are John Chevedden and James McRitchie. They have filed thousands of resolutions with companies engaging them to improve their governance practices. And many institutional investors vote for these reforms, whether they are sponsored by an individual shareholder or by a widely known institutional investor. Some proposed governance reforms have become established practices embraced by many businesses, while others are still controversial items open for debate. We do not argue that every proposed reform presented to a company is necessary and wise governance for that company. But they do deserve thoughtful scrutiny and consideration.

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Private Equity and Pay Gaps Inside the Firm

Lily Fang is a Professor at INSEAD, Jim Goldman is an Associate Professor at McGill University, and Alexandra Roulet is an Associate Professor at INSEAD and a CEPR Research Fellow. This post is based on their recent article, forthcoming in the Journal of Finance.

Private equity has become an increasingly important form of corporate ownership around the world, yet it remains controversial. Labor concerns, in particular, are often at the forefront of the policy and public discussions about their investments. In our paper, lead article in the August 2026 issue of the Journal of Finance, we ask a question that this debate has largely left aside: what happens to the distribution of pay inside a company after it is bought out?

Theory offers competing answers. Post-buyout investment in technology may complement high-skilled workers while substituting for low-skilled ones, widening pay gaps. Alternatively, in the pursuit of efficiency, target firms may part with expensive employees and replace them with cheaper hires, compressing the pay distribution. Which force dominates is an empirical matter.

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