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July 16, 2026 Resource

Legal Landscape: Shareholder Activism — United States

In this guide, Latham partners discuss the current regulatory framework governing shareholder activism and its profound transformation reshaping the dynamics between companies, activist investors, proxy advisors, and institutional shareholders.
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The Book of Jargon Series – Word of the Day®

The Book of Jargon® is a series of practice area and industry-specific glossaries published by Latham & Watkins.

363 Sale

named after a section of the Bankruptcy Code, an auction-like procedure for a bankrupt entity to sell assets, subject to the judge’s approval. Often there is a stalking horse bidder that has already arranged to purchase the assets. If the stalking horse bidder is outbid (which does happen), the stalking horse bidder gets a breakup fee for its trouble.

Word of the Day®

Synthetic MLP

an MLP whose sole or primary asset is a less than 100 percent interest in an operating company. The Sponsor often owns the remaining interest and intends to transfer it, over time, to the MLP through Dropdowns.

Word of the Day®

Binding Offer

an obligatory Offer of the prospective Purchaser to enter into an Acquisition Agreement regarding the Acquisition of a company or assets (generally made in an Auction). Also called a Binding Bid.

Word of the Day®

Risk Free Rate

theoretical return on a risk-free investment, usually a US treasury Security.

Word of the Day®

Pending Civil Action

district court litigation involving the same patent pending in a PTAB Proceeding. Parties often seek a Stay of Litigation for a Pending Civil Action until the PTAB Proceeding concludes.

Word of the Day®

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