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What Did Whole Foods (and the SEC) Just Do to Proxy Access?

We love it when the New York Times features prominently one of our priorities, proxy access. They got some critical details wrong, but their hearts and minds are in the right place. 

 

This weekend Gretchen Morgenson reported on the clever way Whole Foods dodged a shareholder's proxy access proposal. She highlights how the SEC staff allowed them to do it, too, either through carelessness or complicity. 

 

What should PMs take away from this seemingly arcane debate over BoD election procedure? We think it reveals how hard portfolio companies will fight against shareholders, and how investors should consider warily the SEC as well as company management. 

 

Alas, shareholders probably lost this one. The uproar probably helps the overall proxy access effort in 2015.

 

We explain further in a current blog post.

Recent TAI blog posts

 

 

You can find other useful resources at the TAI website, including our research on "Effective Activism, on the Cheap", our new resource guides on attorneys for activist investors and on activist investing data sourcesour white paper with the basics on activist investing, and our new guides on exempt solicitationconsent solicitation, and special shareholder meetings. 
For further information, please contact:
 
Michael R. Levin
m.levin@theactivistinvestor.com
847.830.1479