Mr. Atkins has represented acquirers (both U.S. and international), target companies, and investment banks in various transactions, including mergers, acquisitions, contested takeovers, leveraged buyouts, spin-offs, and joint ventures. He has worked with target firms, independent directors, and special committees in multiple instances of shareholder activism. His counsel encompasses a wide array of corporate governance issues, such as directors’ duties, disclosure concerns, corporate compliance, and internal investigations. This guidance is often directed at boards and independent directors during crises where their fiduciary responsibilities are closely examined.
Mr. Atkins has significant transactional experience across numerous sectors, including airlines, defense, aerospace, energy, financial institutions, forest products, healthcare, information technology, insurance, media, telecommunications, retail, and utilities.
In the realm of mergers and acquisitions, Mr. Atkins has advised on major transactions and strategic planning in anticipation of unsolicited takeover bids. Notable representations include BHP Billiton’s attempted $150 billion acquisition of Rio Tinto, E. I. du Pont de Nemours and Company’s $130 billion merger with Dow Chemical Company, and Sprint Corporation’s role in a $129 billion merger attempt with MCI Worldcom. Other key transactions include Warner-Lambert Company’s attempted $72 billion merger with American Home Products and its response to Pfizer’s $84 billion acquisition proposal. He has also represented Bell Atlantic in its $70 billion joint venture with Vodafone AirTouch Plc, EMC Corporation during its $67 billion acquisition by Dell, and Walt Disney Company regarding Comcast Corporation’s $66 billion acquisition interest.
Additionally, Mr. Atkins has provided counsel on numerous significant transactions, such as the Dolan family’s $22 billion attempted buyout of Cablevision Systems Corporation, a $17.6 billion acquisition of Freescale, Inc. by a consortium led by The Blackstone Group, and Merck KGaA’s $17 billion purchase of Sigma-Aldrich. His experience extends to advising on the $15 billion acquisition of Infinity Broadcasting by Viacom and Honeywell’s $14 billion merger with AlliedSignal Corporation, among others. Other notable transactions include Time Inc.’s $12 billion acquisition of Warner Communications and defense against a takeover bid from Paramount, as well as various other high-profile mergers and acquisitions across different sectors.
In the area of shareholder activism, Mr. Atkins has guided companies and boards on how to recognize and respond to shareholder activism, advising on proactive measures and reactive strategies when confronted with activist interests. Companies he has advised include Akamai Technologies, Armstrong World Industries, The Brinks Company, E. I. du Pont de Nemours and Company, and Sprint Corporation, among others.
Regarding corporate governance, Mr. Atkins provides insights to boards and committees on evolving governance standards and the current expectations for governance practices, including board composition, executive compensation, and environmental and social considerations. His expertise also encompasses crisis situations where the fulfillment of fiduciary duties by directors is under scrutiny.
