Olshan Shareholder Activism Group Publishes Article in Harvard Law School Forum on Corporate Governance on the SEC’s New Guidance Clarifying Ability of Schedule 13G Filers to Engage with Other Investors and Issuers

Olshan Co-Managing Partner and Chair of the firm’s Shareholder Activism Practice Andrew Freedman, Shareholder Activism partner Kenneth Mantel and Shareholder Activism associate Andrew Astore authored an article for Harvard Law School Forum on Corporate Governance entitled “SEC Issues New Guidance Clarifying Ability of Schedule 13G Filers to Engage with Other Investors and Issuers.” In the article, the authors discuss the SEC’s new Corporation Finance Interpretations (“CFIs”), which give Schedule 13G filers more comfort that they can engage with other investors and issuers without jeopardizing their eligibility to file a Schedule 13G. “The new CFIs should ease concerns from large investors that file Schedule 13Gs and want to maintain ‘passive’ status,” they write, “including investment managers with their own duties to investors, regarding their ability to engage with other investors and issuers, including in the course of a proxy contest, without risking disqualification from 13G filing eligibility.”