Activist Investing: The Insider Word

Activist Investing: The Insider Word

In this series from Slarskey LLC, Partner Evan Fried delves into the complex world of risk-driven commercial litigation, governance, and activist investing. Today’s episode brings together Michael Levin, principal at The Activist Investor, and Joshua Horowitz, Partner at Palm Global Small Cap Fund, to join Evan and guest co-host Nicole Santoro (Associate at Slarskey LLC), for an inside look at the evolving landscape of shareholder activism. The conversation covers: * Micro cap activism and “suggestivism”: Why opportunity and inefficiency abound in small caps, the unique governance challenges at these companies, and how activists can drive outsized returns with creative, behind-the-scenes influence * Shareholder proposals and the SEC: The narrowing of Rule 14a-8 action proposals, implications for ESG initiatives, and how changes in the SEC’s approach are shifting risks and litigation dynamics for activists and companies alike * D-Exit and state competition: Delaware’s dominance as the corporate domicile of choice, the rise of companies considering “D-Exit” for Nevada, Texas, or even the Cayman Islands, and how state incorporation factors into risk assessment for investors and boards * Activist tactics in distress and bankruptcy: Adapting governance strategies to the unique time pressures of insolvency, where the right intervention can still drive recovery—if you navigate the legal clock * The rising cost of being public: How compliance, litigation, and insurance costs are pushing smaller companies to consider consolidation, exits, or strategic pivots—and how creative governance can unlock value * The future of activism: The normalization of engagement and proxy contests as investment tools, the impact of universal proxy cards, and new frontiers in governance-driven value creation Whether you’re a company director, investor, lawyer, or governance professional, this episode delivers hands-on perspectives and war stories from advisors who have served on public company boards and led successful activist engagements. Resources: * Learn more about The Activist Investor: https://www.activistinvestor.com/ [https://www.activistinvestor.com/] * Explore Slarskey LLC: https://www.slarskey.com/ [https://www.slarskey.com/] Subscribe for more insights on commercial litigation, governance, and risk-based investing.

The Evolving Role of State Regulatory & Enforcement Agencies

In this episode of The Slarskey Brief, Guest Host Adam Hollander (Partner, Slarskey LLC) brings together an elite panel to probe the fast-changing landscape of state regulatory and enforcement agencies. Featuring Tom Miller, former Iowa Attorney General and the longest-serving state AG in U.S. history; Dan Seligman, certified fraud examiner and investigative attorney; and Vin DiCianni, Founder and President of Affiliated Monitors, the episode unpacks the new realities state and federal regulators face in 2026 and beyond. Highlights include: * The shifting regulatory climate: Analyzing recent DOJ, SEC, and CFTC policy changes, federal resource constraints, and how these shifts create new risks and openings for state-level enforcement * How state attorneys general are asserting leadership—banding together across party lines, coordinating nationwide actions, and driving oversight in antitrust, consumer protection, and health care fraud * The rise of independent monitors: State AGs experimenting with new compliance and probationary remedies, especially in areas like Medicaid fraud, antitrust, and private equity’s impact on local healthcare systems * What’s different—and what isn’t—about emerging enforcement challenges: From AI, cybersecurity, and digital assets to the explosive growth of prediction markets and the regulatory tug of war between states and federal agencies * The investigative lens: How journalists, whistleblowers, and the press are catalyzing new waves of enforcement and why risk-taking among corporations is evolving * Practical advice for companies: Assessing risk tolerance, the importance of proactive compliance, and why public scrutiny is at an all-time high * Predictions: Where state AGs are heading in antitrust, consumer, and investor protection—and why the credibility and resources of state regulators are poised to surge Whether you’re a corporate executive, compliance professional, litigator, or simply interested in the future of public enforcement, this episode delivers essential takeaways directly from frontline practitioners. Resources: * Learn more about Affiliated Monitors: https://www.affiliatedmonitors.com/ [https://www.affiliatedmonitors.com/] * Learn more about Dan Seligman's work: https://danielseligman.com/ [https://danielseligman.com/] * Explore Slarskey LLC: https://www.slarskey.com/ [https://www.slarskey.com/] Subscribe for more conversations at the forefront of risk-based litigation, plaintiff strategy, and legal innovation.

Social Impact Litigation: Doing Well While Doing Good

In this episode of The Slarskey Brief, partner Evan Fried explores the intersection of commercial litigation, social impact, and corporate accountability with two leaders in the field: Joe Slaughter of Hunterbrook and Times Wang of Farah Wang. Together, they unpack the evolving landscape of for-profit social impact litigation and the practical realities of doing well while doing good. The conversation covers: * Unique professional journeys into social impact litigation by Joe Slaughter and Times Wang—from traditional big law to trailblazing plaintiff practices, contingency cases, and complex investigations * The business and ethics of impact-driven litigation: how plaintiff firms decide which cases to pursue, balancing financial sustainability with a commitment to meaningful change * Case studies including forced labor class actions, corporate misconduct, consumer protection, antitrust, and environmental claims—plus investigations against foreign sovereigns and the challenges of litigating against the Chinese government * The role of investigative journalism in uncovering wrongdoing, partnering with plaintiff-side firms, and fueling both market responses and systemic reform * Free speech on the front lines: firsthand stories about defending the First Amendment, the chilling effects of fear and litigation risk, and the unique pressures facing media and protestors—both in the U.S. and abroad * Reflections on the limited but crucial role of the courts and the vital importance of rule of law in sustaining the possibility of accountability and change Whether you’re a litigator, journalist, legal entrepreneur, or law student, this episode delivers unfiltered insight and practical lessons from professionals using the courts as a force for public good—without sacrificing commercial success. Resources: Learn more about Hunterbrook: https://www.hunterbrook.com/ Discover Farah Wang: https://farahwang.com/ Explore Slarskey LLC: https://www.slarskey.com/ Subscribe for more conversations at the forefront of risk-based litigation, plaintiff strategy, and legal innovation.

Building Advocates: Plaintiff Practice & Developing Trial Talent

In this episode of the Slarskey Brief,“Building Advocates: Plaintiff Practice & Developing Trial Talent,” host Evan Fried, Partner at Slarskey LLC, dives deep into the evolving landscape of plaintiff-side litigation, litigation funding, and talent development with two leading voices in the field: Collin Cox, Partner at Gibson Dunn, and Andrew Woltman, Co-Founder of Statera Capital. Together, they explore: * The strategic rise of plaintiff-side practices at “big law” firms and the factors driving industry-wide change * How trial teams are transforming—prioritizing roles for associates to match modern juror and judge expectations * Key generational shifts in associate motivation and the move away from traditional “grind” models, with a focus on ownership, responsibility, and career satisfaction * The growing leverage of litigation finance for both senior partners and junior lawyers to win and service clients—even as traditional firms weigh opportunities against legacy practice areas * The interplay of funding, alternative fee arrangements, and the business realities of running a litigation-centric practice * Predictions for the future: how technology, AI, and creative legal models will further disrupt the landscape—and open up new opportunities for lawyers at every level Whether you’re a senior litigator, junior associate, law firm leader, litigation funder, or simply curious about how the practice is changing from the inside, this episode is packed with practical insights on client service, attorney development, and the business of law. Resources: * Learn more about Statera Capital: https://stateracapital.com/https://stateracapital.com/ [https://stateracapital.com/] * Discover Gibson Dunn: https://www.gibsondunn.com/https://www.gibsondunn.com/ [https://www.gibsondunn.com/] * Explore Slarskey LLC: https://www.slarskey.com/https://www.slarskey.com/ [https://www.slarskey.com/] Subscribe for future conversations on the business, risk, and practice of litigation.

International & Cross-Border Asset Enforcement

In this series from Slarskey LLC, Partner Evan Fried explores cutting-edge topics in risk-based commercial litigation and litigation funding. Today’s episode features an international panel: Rosie Wild (Partner at Cooke, Young & Keidan in London) and Katie Pearson (Co-Founder of Claritas in the Cayman Islands), as they join Evan for an in-depth discussion on global asset enforcement. The conversation covers: - Judgment enforcement, asset tracing, and the use of freezing injunctions and disclosure orders across borders - War stories and case examples spanning 15+ jurisdictions, including landmark asset recovery efforts and coordinated multinational litigation - Unique features of the asset recovery landscape in New York, Cayman, and the UK—including personal versus in rem jurisdiction, the rise of freezing orders, and discoveries under the Norwich Pharmacal jurisdiction - The evolving role of risk-sharing models like contingency fee, hybrid arrangements, and third-party litigation funding in each jurisdiction - How boutique firms are shaping the future of international disputes through flexibility, collaboration, and creative legal strategies - Predictions for the asset recovery field, including the impact of technology and artificial intelligence on cross-border litigation  Whether you’re an attorney, investor, litigation funder, or practitioner navigating global enforcement challenges, this episode provides practical insights and strategies from three advisors who’ve built their careers in the trenches of international litigation. Resources: Learn more about Claritas: https://claritas.ky/ [https://claritas.ky/]  Discover Cooke, Young & Keidan: https://cyklaw.com/ [https://cyklaw.com/]  Explore Slarskey LLC: https://www.slarskey.com/ [https://www.slarskey.com/] Don’t forget to subscribe for more episodes on the risk-based litigation landscape.