Lori Marks-Esterman Quoted in The Deal on Shareholder Activism at Tulane University Law School’s 38th Annual Corporate Law Institute

Lori Marks-Esterman, Chair of Olshan's Litigation Practice Group and Head of Olshan’s Shareholder Activism Litigation Practice, was quoted extensively in The Deal (subscription required) on insights shared during Tulane University Law School’s 38th Annual Corporate Law Institute, held on March 19-20 in New Orleans. Lori discussed several key themes shaping shareholder activism in 2026. She noted that activists with “multiple tools in their toolbox” are unlikely to agree to standstill provisions that would limit the ability to exercise stockholder rights. Lori also explained that activists’ approaches vary. Some may issue a “shock and awe article” to get a company’s attention, while others prefer to engage with a company privately, recognizing that “sometimes that works and sometimes it goes nowhere.” Highlighting proactive corporate governance, Lori emphasized the importance of boards regularly evaluating their composition and management teams, stating that without such efforts, good corporate governance “doesn’t always happen as it should.” Lori also discussed board leadership structures, noting that when the CEO also serves as chair, the lead independent director role often has limited impact and “doesn’t result in good things.”