The LA Times reports today that Disney has hired longtime mergers and acquisitions specialist, Martin Lipton, to advise the Disney Board regarding Comcast‘s recent bid. Mr. Lipton is credited in legal circles as being one of the lawyers who devised the poison pill strategy, which Professor Bainbridge explained recently here. However, my sense is that Disney will not be adopting a poison pill strategy in defending against the Comcast bid. The Board has already been heavily criticized for its unwavering support of CEO Michael Eisner despite Disney’s lagging stock price. A poison pill strategy would be widely viewed as the Board again supporting a strategy mainly benefitting Mr. Eisner and an unproductive management team at the expense of Disney’s shareholders. However, Mr. Lipton is a heavyweight in defending these matters, so Disney is clearly signaling to Comcast its willingness to rumble by retaining him.
Tom Kirkendall on Disney’s Hiring of Martin Lipton
Apropos of my earlier post on Disney’s decision to hire famed takeover lawyer Martin Lipton, Houston lawyer Tom Kirkendall writes:My sense is that Disney will not be adopting a poison pill strategy in defending against the Comcast bid. The Board