Derek D. Bork
Derek is a partner in the firm's Corporate Transactions & Securities practice group. His practice as an attorney is focused in the following areas:
- Takeovers, control contests and activist shareholder matters
- Public company board and special committee matters
- Securities law and public company reporting
- Mergers and acquisitions
- General corporate matters
Derek also provides advice regarding strategy in takeover and activist shareholder matters and other contests for corporate control.
Derek's recent work has principally consisted of the following:
- Representation of activist investors, contests for corporate control, and advising public companies regarding takeover preparedness, activist hedge funds and other activist shareholders.
- Advising public company boards and special committees on corporate governance, securities offerings and sale transactions.
- Service as Ohio local counsel on takeover matters involving the Ohio control share acquisition statute, Ohio merger moratorium statute, Ohio control bid statute, and Ohio greenmail statute.
- Service as Ohio local counsel on public company and other strategic transactions involving Ohio corporations.
- Securities offerings and advising public companies on periodic reporting and general securities law matters.
- Acquisitions and dispositions for public companies in the S&P500, middle market public companies and private middle market companies.
- Representation of start-up companies with formation and capitalization matters and attracting venture capital investors.
The following publications were authored or co-authored by Derek Bork:
- "Shareholder Activism Via Board Control Often Requires Long Range View," Deal Lawyers, September-October 2012
- "Startup Companies Update: SEC Proposes Rules Lifting Regulation D General Solicitation Prohibition," September 2012
- "Activism via Board Control Often Requires Long Range View," HedgeTracker.com, July 2012
- "Startup Companies Update: The JOBS Act: Impact on Capital-Raising for Startup Companies," April 2012
- "Do-It-Yourself Shareholder Activism – A Risky Venture," Hedgetracker.com, January 2012
- Comment Letter to the Securities and Exchange Commission on Proposed Whistleblower Rules under the Dodd-Frank Act, December 2010
- "Public Company Update: Proxy Access – Initial Considerations for Public Companies," September 2010
- "Easy Prey: Small Cap Companies Often Neglect Takeover Defenses," Securities Law 360, June 2010
- "Public Company Update: Placing a Poison Pill 'On the Shelf'," August 2009
- Comment Letter to the Securities and Exchange Commission on Proposal Regarding Proxy Access, July 2009
- "Now or Never: It's Time to Revive the Poison Pill," Bloomberg Law Reports: Corporate Law, April 2009
- "Greenmail Disgorgement Statutes and Corporate By-Law Provisions Could Trap Activist Hedge Funds," Bloomberg Corporate Law Journal, Winter 2009 Issue
- "Venture Cap May Come With Request for Control," Crain's Cleveland Business, June 2002
- Contributing Author, Punitive Damages and Business Torts: A Practitioner's Handbook, American Bar Association, 1998
The following articles quote or mention Derek Bork:
- Chairman's Letter to Shareholders, Paragon Technologies, Inc., June 13, 2014
- "Shareholder Activism May Jolt Restaurant Property Deals," Law 360, January 17, 2014
- Chairman's Letter to Shareholders, Paragon Technologies, Inc., August 26, 2013
- "The case against a Delaware state common law fraud action from alleged misstatements in a filing required by federal securities law," M. Drory · University of Pennsylvania Journal of Business Law, Spring 2012
- "GCs Laud Securities, M&A Attorneys With Top Client Skills," Law 360, February 2012
- "Leonard Green's $1.6B Jo-Ann Buyout Triggers Probes," Law 360, December 2010
- "In-House Counsel Name Favorite Securities Lawyers," Law 360, January 2010
- "Proxy Access: A Study of 500+ Letters Submitted to the SEC on 'Facilitating Shareholder Director Nominations,'" The Altman Group, November 30, 2009
- "Poison Pill Increasingly A Tough Call," Law 360, October 2009
- David P. Porter, "Institutional Investors and Their Role in Corporate Governance: Reflections by a "Recovering" Corporate Governance Lawyer," 59 Case W. Res. L. Rev. 627 (2009)
- "The Poison Pill: A Classic from 1979," October 2011
- "Activist Investing Roundtable," panelist, April 2010
- "Proxy Fights,” March 2010
- "Consideration of Placing a Poison Pill 'On the Shelf'," August 2009
- "A Thousand Decisions in 56 days: Winning the Proxy Contest," May 2009
- "The 'Fiduciary Duty Club' in Proxy Contests," March 2009
- "Recent Trends in M&A Due Diligence and Litigation," August 2008
- "Structuring a Debt Tender Offer in an M&A Transaction," December 2004
- "Teaming with In-House Counsel and Professionals on M&A Transactions," November 2004
- "Buying a Company During its IPO Process," October 2004
- BTI Client Service All-Star, 2010, 2012 and 2014
- Selected for inclusion in Super Lawyers by Ohio Super Lawyers magazine, 2009
- Ohio State Bar Association - Corporation Law Committee, Tender Offer Subcommittee (Vice Chair) and Legislative Review Subcommittee
- Ohio Venture Association
- ACG Cleveland, Deal Maker Awards Steering Committee, 2009
- The Littlest Heroes, member, Board of Directors, 2004 to 2010; member, Governance and Nominating Committee, 2004 to 2010; member, Executive Committee, 2008 to 2010
- Cleveland International Program, member, Board of Trustees, 2002 to 2005; chairman, Program Committee, 2002 to 2004
September 15, 2014
Thompson Hine Lawyers Named to 2014 BTI Client Service All-Star Team - Derek D. Bork and Andrew H. Cox Recognized as Client Service Leaders
February 11, 2014
July 23, 2012
February 21, 2012
January 24, 2012