Gershanik Speaks on Tulane Corporate Law Institute ESG Panel, Conference Considers Antitrust Regulation & Debt

Maureen Brennan Gershanik, a partner in Fishman Haygood’s Business Section, once again served as a panelist at the 35th Annual Tulane Corporate Law Institute on Mar. 24, 2023. The panel, “Activism and ESG Considerations in Today’s World,” was composed of “practitioners at the forefront of advising clients on environmental, social, and governance (ESG) considerations.”

Gershanik spoke about ESG matters currently in play for companies and shareholders, including climate change and energy transition risks and opportunities, as well as social issues, including civil rights and gender pay equity, as reported by Law360. She also addressed regulatory concerns that arise when companies engage directly with shareholders, as well as best practices for engagement and monitoring changes in a company’s shareholder base.

The distinguished panel included Frederick Alexander (Founding Partner, CEO, and Board Member at The Shareholder Commons); Michele Anderson (Partner, Latham and Watkins); Barrett Golden (Partner, Joele Frank, Wilkinson Brimmer Katcher); David Katz (Partner at Wachtell, Lipton, Rosen & Katz); and Kai Liekefett (Partner and Chair, Shareholder Activism Practice, Sidley Austin LLP).

The Tulane Corporate Law Institute is the top prestigious legal seminar on public company mergers and acquisitions, attracting participants from all sides of the M&A world. Though M&A activity has been impacted by economic woes, and despite the recent banking crisis, dealmakers struck an overall optimistic tone during the conference, as detailed in the Reuters article “Dealmakers expect pick-up in activity despite ‘brick wall’ facing M&A.” However, speakers also recognized hindrances to closing large deals, including antitrust regulation and the availability of and rise in the cost of debt, as noted by Law360 in “Gov’t Using Stall Tactics, Litigation To Quash M&A, Attys Say” and “Debt Availability Poses Key Challenge To M&A Activity,” respectively.

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