The Harvard Law School Forum on Corporate Governance https://corpgov.law.harvard.edu The leading online blog in the fields of corporate governance and financial regulation. Thu, 07 May 2026 11:32:12 +0000 en-US hourly 1 https://wordpress.org/?v=6.5.8 https://corpgov.law.harvard.edu/wp-content/uploads/2024/02/cropped-photography-4-e1706898544564-1-32x32.png As Activism Becomes a Year-Round Sport, Possible Regulatory Changes Could Impact Both Activists and Companies – The Harvard Law School Forum on Corporate Governance https://corpgov.law.harvard.edu 32 32 As Activism Becomes a Year-Round Sport, Possible Regulatory Changes Could Impact Both Activists and Companies https://corpgov.law.harvard.edu/2026/02/03/as-activism-becomes-a-year-round-sport-possible-regulatory-changes-could-impact-both-activists-and-companies/?utm_source=rss&utm_medium=rss&utm_campaign=as-activism-becomes-a-year-round-sport-possible-regulatory-changes-could-impact-both-activists-and-companies https://corpgov.law.harvard.edu/2026/02/03/as-activism-becomes-a-year-round-sport-possible-regulatory-changes-could-impact-both-activists-and-companies/#respond Tue, 03 Feb 2026 12:30:22 +0000 https://corpgov.law.harvard.edu/?p=179007?d=20260202154852EST Posted by Elizabeth R. Gonzalez-Sussman, Ron S. Berenblat, and Roy Cohen, Skadden, Arps, Slate, Meagher & Flom LLP, on Tuesday, February 3, 2026
Editor's Note:

Elizabeth R. Gonzalez-Sussman is a Partner, Ron S. Berenblat is of Counsel, and Roy Cohen is an Associate at Skadden, Arps, Slate, Meagher & Flom LLP. This post is based on their Skadden memorandum.

Key Points

  • Activist investors remain a powerful force in the corporate landscape, increasingly using more sophisticated multimedia and digital strategies to exert pressure on companies and boards.
  • An increase in off-cycle and “vote no” campaigns in the U.S., coupled with more activists going public without any private engagement, is making activism a year-round phenomenon.
  • Companies may need to consider reevaluating their approaches to shareholder engagement if proposed regulatory changes are adopted to curb the influence of institutional investors and proxy advisory services in shareholder votes.

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