Shaun J. Mathew, P.C.

Publications

“Shareholder Activism: Lessons from the First Season of Universal Proxy,” Golden Flag M&A Update (June 26, 2023)

“Crisis Preparedness in the Rapidly Evolving Vulnerability Landscape,” Golden Flag Governance Update (June 8, 2023)

“Lessons from Huntsman’s Proxy Fight Victory Over Starboard,” Harvard Law School Forum on Corporate Governance (May 1, 2022) 

“SEC Proposes New Cybersecurity Disclosure Regime for Public Companies,” Golden Flag M&A Update (March 14, 2022)

“On the Record(holder) — With Universal Proxy on Horizon, Delaware Confirms Importance of Up-to-Date and Unambiguous Advance Notice Bylaws,” Harvard Law School Forum on Corporate Governance (March 13, 2022)

“Crossing the Board-er Line: Issues to Cor When an Executive is Invited to Join an Outside Public Company Board,” Golden Flag M&A Update (November 16, 2021)

“r/BlackRockAnnualLetter: Climate Change and ESG in the Age of Reddit,” Harvard Law School Forum on Corporate Governance (February 16, 2021)

“REIT Activism Trends to Expect in the Wake of COVID-19,” Law360 (October 2, 2020)

“Poison Pills — A Measured Prescription,” Golden Flag M&A Update (March 24, 2020)

"#MeToo Compliance — Two Years In, “Wait-and-See” Is No Longer An Option," Golden Flag Governance Update (October 3, 2019)

"New SEC Policy for No-Action Requests to Exclude Rule 14a-8 Shareholder Proposals for 2019–2020 Proxy Season," Golden Flag Governance Update (September 9, 2019)

“Purpose, Culture and Long-Term Value — Not Just a Headline,” Harvard Law School Forum on Corporate Governance (February 26, 2019)

“Surviving Activist Shareholders, Passive Index Funds and Corporate Crises,” Corporate Board Member (September 10, 2018)

“Shareholder Activism: Evolving Tactics,” Harvard Law School Forum on Corporate Governance (August 23, 2018)

“Advance Notice Bylaw Deadlines: A Warning Shot,” Harvard Law School Forum on Corporate Governance (May 26, 2018)

“Advance Notice Bylaws – Advantage Confirmed,” Golden Flag M&A Update (April 16, 2018)

“Takeaways from BlackRock’s 2018 CEO Letter,” Law360 (January 26, 2018) 

Seminars

“Activism Preparedness: A Tabletop Exercise,” Ray Garrett Jr. Corporate & Securities Law Institute (September 2024)

“Crisis Anticipation and Management,” Stanford Directors’ College (June 2024)

“Key Takeaways from the 2024 Proxy Season,” Expert Webcast (July 2024)

“Corporate Governance in Detail: What is the Board Agenda for 2024?” Outstanding Directors Exchange, Financial Times (June 2024)

“Public Company Climate and Sustainability Disclosure and Corporate Governance,” The Forum for Florida General Counsel (May 2024)

“Case Law Matters: Delaware’s Recent Stockholder Activism Jurisprudence,” American Bar Association, Business Law Section, Orlando Conference (April 2024)

“Disruption within the Boardroom: Shareholder Activism and Beyond,” Ascend Pinnacle Board Leadership Summit (March 2024)

“Emerging Issues in M&A, Shareholder, Activism and Crisis Situations,” Mori Hamada & Matsumoto Japan Webinar (March 2024)

“Governance, ESG, Crises & Shareholder Activism,” ACC New Jersey Webinar (February 2024)

“Shareholder Activism and the Evolving Social & Political Crisis Landscape: What Directors Need to Know,” Ascend Pinnacle, Dallas (January 2024)

“Barbarians at the (Universal Proxy) Gate: Shareholder Activism & How Companies Can Prepare,” National Asian Pacific American Bar Association (November 2023)

“Looking Back, Looking Forward: Trends From the 2023 Proxy Season and How To Prepare for 2024,” Golden Flag International Law Firm and Georgeson Webinar (October 2023)

“General Counsel Roundtable: Embracing Wellness and Well-Being,” Asian American Bar Association of New York (September 2023)

“Current Trends in Domestic and International M&A, Joint Ventures and Other Strategic Transactions,” South Asian Bar Association of North America National Conference (Boston, July 2023)

“Universal Proxy: Fallout and Future,” Council of Institutional Investors Webinar (July 2023)

“First Look at the 2023 Proxy Season: Activism, Universal Proxy and ESG (and anti-ESG) Proposals,” Golden Flag International Law Firm Webinar (July 2023)

“Shareholder Activism in Today’s Market Environment,” BofA Securities’ Debt Capital Markets Conference: Transitioning To The Next Normal (December 2022)

“The General Counsel's Role in Forging a New Path to an Equitable Future,” Asian American Bar Association of New York (October 2022)

“The New Shareholder Activism Vulnerability Landscape: Universal Proxy and The Market Downturn. What You Need to Know and How to Prepare for the Upcoming Proxy Season,” Golden Flag International Law Firm Webinar (October 2022)

“The SEC's New Universal Proxy: Apple Pie or a Paradigm Shift for Shareholder Activism and ESG Engagement?” Governance Week 2022 (June 2022)

“The SEC’s New Universal Proxy Rules and Other Developments in Corporate Governance, ESG and Shareholder Activism: What You Need to Know for the 2022 Proxy Season,” South Asian Bar Association of North America (March 2022) 

“Voting in Corporate Elections,” Guest Lecture, Corporate Lawyer (Prof. Vikramaditya Khanna), University of Michigan Law School (February 2022)

“Developments in Corporate Governance, ESG and Shareholder Activism: Lessons from the 2021 Proxy Season and What to Expect in 2022,” The Forum for Florida General Counsel (November 2021)

“Shareholder Engagement Strategies for Public Companies: Avoiding Proxy Contests,” Strafford Publications’ Webinar (October 2021) 

“Activism & ESG Developments: Lessons from the Exxon / Engine No. 1 Proxy Context and the 2021 Proxy Season,” Texas General Counsel Forum (July 2021) 

“Acquisition Transactions,” Guest Lecturer, Corporate Lawyer (Prof. Andrew Kaufman), University of Maine School of Law (April 2021)

“The Evolving Role of Investors in Driving ESG Change,” NYU 2021 Social Innovation Symposium (February 2021)

“Shareholder Activism and Corporate Control Contests in Practice,” Guest Lecture, Assistant Professor Allen Page, Baylor Law (January 2021)

“Diversity, Equity & Inclusion,” Society for Corporate Governance Essentials (January 2021)

“Hot Topics for Corporate Boards and Management During the Pandemic and Beyond,” Texas General Counsel Forum (December 2020)

“Hot Topics for Corporate Boards and Management During the Pandemic and Beyond,” The Forum for Florida General Counsel (November 2020) 

"Preparing for Shareholder Activism: What You Need to be Doing Now 2020," The Practicing Law Institute (October 2020)

“Shareholder Activism and Corporate Control Contests in Practice,” Guest Lecture, Corporate Lawyer (Prof. Vikramaditya Khanna), University of Michigan Law School (April 2020)

Shareholder Activism and Private Equity M&A, Golden Flag PENews Brief (November 2019)

“Disclosure in Public M&A,” Guest Lecture, Mergers and Acquisitions (Chief Justice Strine), Harvard Law School (November 2019)

2019 Corporate Governance Roundtable, Harvard Law School (November 2019)

2019 Shareholder Engagement Roundtable, Harvard Law School (June 2019)

Shareholder Activism & Engagement: Lessons from the Trenches, Governance Week (June 2019)

Recognized by Lawdragon as one of the 500 Leading Lawyers in America, 2024

Recognized by Chambers USA for Corporate/M&A: Takeover Defense - New York, 2021–2024

Recognized by The Legal 500 United States as a Leading Lawyer for Shareholder Activism: Advice to Boards, 2019–2024

Harvard Association of Law and Business (Co-Chair, Alumni Advisory Board)

NYU Lawyer Alumni Mentoring Program (Advisory Board)

Ashoka Foundation (Ashoka Support Network)

Interviewed, “Shareholder Activism Muted Despite SEC Rule,” Bloomberg TV (June 28, 2023) 

Quoted, “How a SEC rule change has opened more doors for activists,” The Financial Times (June 24, 2023)

Quoted, “Corporate America is bracing for a rise in activist investing. Meet the 13 lawyers on speed-dial when companies and investors fight for boardroom control,” Insider (November 23, 2022)

Quoted, “Companies Brace for Onslaught of New Activists After Change in Proxy-Voting Rules,” The Wall Street Journal (November 20, 2022) 

Quoted, “The Universal Proxy Rule is Not Universally Loved,” The New York Times DealBook (November 19, 2021)

Quoted, “Nasdaq Diversity Rule To Bring Change, Or Shame, To Cos.,” Law360 (August 13, 2021)

Quoted, “Activist Defense Law Firm of the Year,” The Deal (September 2020)

Quoted, “The Activist Insight 2019 Adviser Awards,” Activist Insight Monthly (December 2019)

Quoted, “Another Summer of Discontent,” The Deal's Dealmaker Quarterly (September 26, 2019)

Quoted, “M&A, Active Managers Among Catalysts for H1 Insurgencies,” The Deal (August 30, 2019)

Quoted, “Activist Investors Gain Clout as Stocks Tumble,” The Wall Street Journal (December 26, 2018)