Corporate Governance & Activism

Done Deal – Insights from our M&A and Activism team – April 2026

Insights from our M&A and Activism team

Welcome to the latest installment of Done Deal. Our colleague Garrett Muzikowski shares key insights from our CISO Redefined III report, which explores how cybersecurity risk is reshaping the M&A landscape. We also examine the growing debate around corporate domicile, as companies increasingly question whether incorporation in Delaware remains the optimal choice. Additionally, we outline what General Counsels should prioritize to navigate today’s complex dealmaking environment effectively. Finally, in our colleague spotlight, Tanner Kaufman, a Managing Director in our New York office, shares his perspective on current market trends and reflects on his recent recognition as a NIRI Rising Leader under 40.

CISO Redefined: Navigating Transactions and the Cybersecurity Landscape

DExit: So You Want to Leave Delaware? What To Consider Beyond the Legalese

Companies are increasingly questioning whether incorporation in Delaware—versus jurisdictions like Texas or Nevada—remains in the best interests of the company and its shareholders.

Once unthinkable, boards and management teams are now more willing to consider reincorporation, driven by recent Delaware court decisions and legislative changes in Texas and Nevada aimed at attracting corporate charters. The debate has gained enough momentum to earn its own nickname—“DExit”—with several high-profile reincorporations (and announced plans to do so) further accelerating the conversation.

Beyond Antitrust: How Geopolitics is Shaping Deal Strategy

The intersection between geopolitics and competition policy is global and not new, but in a world where national security, industrial policy and economic goals are shaping the conversation around dealmaking, General Counsels are tasked with navigating potential hurdles influenced by these factors. In this article, our expert Gerardo Proaño breaks down what steps you can take to best withstand regulatory scrutiny.

What We’re Up To

Meet us at SuperReturn International

Our global M&A, Activism and Public Affairs team will be in Berlin this June for SuperReturn International. We have a range of FTI events planned during the week—if you’ll be there, let us know and we’ll make sure you receive invitations.

 Meet our Team: 30 seconds with Tanner Kaufman

What does being named a Rising Leader Under 40 by NIRI mean to you?

As my clients and fellow advisors will attest, I prefer to be behind the scenes and in the trenches. I like to let our work – and the outcomes we deliver – speak for themselves. That said, I am honored and grateful to be recognized for doing work I love to do. 

I am also fortunate to work in a highly collaborative and supportive environment, alongside talented colleagues and mentors who empower me and have helped shape the leader I am today. This recognition is as much a reflection of our team’s collective efforts, culture, and incredible momentum over the past several years as it is of my individual contributions. 

What are the challenges and opportunities are we seeing in the M&A and Activism industry?

Our clients are navigating uncertain times amid continued economic and geopolitical volatility. Now, more than ever, companies need a strategic communications advisor with the global reach, specialized capabilities and depth of experience to support them across evolving issues.

Volatility, higher rates and uneven sector performance are creating valuation gaps that strategic buyers and activists are both eager to exploit. I think that well-capitalized strategic buyers will be particularly active in the coming year and we will continue to see large transformative transactions to drive growth, enhance innovation and extend competitive differentiation. Given the evolving macroenvironment and geopolitical pressures, I also expect companies will be continuing to review and focus their portfolios, divesting or selling non-core assets that are not delivering immediate impact and value. 

Relatedly, I expect a renewed wave of M&A‑driven activism with private and public campaigns by the emerging class of new M&A-oriented activists. After several years when only about a third of campaigns had an M&A thesis, M&A demands have been rising back toward historical norms and have reached multi‑year highs. This includes both “sell the company” pressure and organized opposition to announced deals seen as mispriced or poorly structured. Continuing the trend over the past several years, I’m also expecting fewer full proxy fights and more low‑cost pressure tactics like public withhold campaigns and aggressive behind-the-scenes engagement. 

What are you talking to IROs about most?

Most of my conversations with IROs center on how to tell a clearer, more credible story to the market in an environment where investors and analysts are highly focused on execution, capital allocation, and long-term value creation, while also being prepared with an escalation protocol and responsive messaging for potential activist scrutiny and/or an M&A inbound. 

In this environment, IROs are often the first line of defense and the first line of offense — helping management communicate a clear, credible narrative, anticipate pressure points, and stay consistent across earnings and investor meetings. IROs are increasingly expected to help bridge the gap between management’s strategy and what investors are actually hearing, so we spend a lot of time refining equity narratives, pressure testing a company’s shareholder outreach and engagement strategy, and discussing how to best anticipate and respond to tough questions before they become issues.

In January, you hit your two-year anniversary at FTI Consulting. How is it going?

The past two years have been incredibly rewarding. Our team’s continued momentum is energizing and validates our collective efforts over the past several years to build a strong, highly differentiated M&A and activism defense practice. We are continuing to add talented people to the team, including both experienced leaders and ambitious early-career professionals, while delivering best-in-class execution across projects and deepening relationships with clients and fellow advisors.

FTI has a truly differentiated value proposition for clients, with subject matter experts pared with industry expertise, and since joining the firm, I have gotten to see that platform in action and leverage it to deliver results for our clients. I’ve had the chance to work across a range of situations, from friendly transactions and contested campaigns to complex litigation, cyber incidents, and reputational attacks, which has sharpened my instincts and made me a stronger strategic partner for management teams. I have led teams across multiple countries and continents to deliver powerful outcomes for our clients – and I have built strong relationships and friendships with my colleagues across the globe. 

Contact Us

To be added to the distribution list for FTI Consulting’s M&A and Activism Insights, or for further information on the dedicated M&A and Activism team at FTI Consulting, please contact Edward Bridges ([email protected]) Pat Tucker ([email protected]) or Alex Le May ([email protected]).

The views expressed in this article are those of the author(s) and not necessarily the views of FTI Consulting, its management, its subsidiaries, its affiliates, or its other professionals. ©2026 FTI Consulting, Inc. All rights reserved. www.fticonsulting.com

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