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Derek D.Bork

PartnerDerek.Bork@ThompsonHine.com
Cleveland

O 216.566.5527

Derek D.Bork

Partner

Focus Areas

Derek’s recent work has principally consisted of the following:

  • Representation of activist investors in activist campaigns, proxy contests and contests for corporate control.
  • Advising activist-controlled boards of directors, including on the establishment of capital allocation and investment programs and strategic transactions.
  • Advising public company boards and special committees.
  • Service as Ohio counsel on takeover matters involving the Ohio control share acquisition statute, Ohio merger moratorium statute, Ohio control bid statute, and Ohio greenmail statute.
  • Acquisitions and dispositions and other strategic transactions.

The following publications were authored or co-authored by Derek Bork:

The following articles quote or mention Derek Bork:

  • “USA Technologies’ Disgorgement Dispute With Hudson Executive Prompts Larger Debate on Control, Industry Sources Say,” Reorg.com, February 28, 2020
  • “Activist’s minority board seat is not an insurance for alpha; Screen companies that experienced a majority board change,” Snowballresearch.com, September 3, 2019
  • “Small Cap Activism: An interview with Derek Bork of Thompson Hine and Waheed Hassan of Alliance Advisors,” Activist Insight Monthly, November 2016.
  • “Companies Using Deals With Activists to Protect Directors,” Bloomberg BNA, June 15, 2016
  • “Activist shareholders have $1.7 billion appetite for Cincinnati companies,” WCPO Cincinnati, March 17, 2016
  • “Activist Starboard’s Next Target: Struggling Marvell Technologies,” The Street, February 4, 2016
  • “Activist Ups Pressure on EZChip Semiconductor to Scuttle Mellanox Deal,” TheStreet.com, October 23, 2015
  • “At EZchip Semiconductor, activist may have a favorable position,” TheDeal.com, October 23, 2015
  • “Activist environment demands more strategy, financial savvy in messaging,” Crain’s Cleveland Business, May 23, 2015
  • “Activist investors are playing an increasingly strong role in company actions,” Crain’s Cleveland Business, February 15, 2015
  • “Attorneys for Activist Investors,” The Activist Investor, December 2, 2014
  • 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)
  • “Shareholder Activism in the Small Cap Market,” June 2019
  • “Implementing Stock Buyback Programs at Activist – Controlled Boards,” May 2015
  • “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
  • Selected for inclusion in The Best Lawyers in America© 2016 to 2023 for Mergers and Acquisitions Law
  • BTI Client Service All-Star, 2010, 2012 and 2014
  • Listed in Legal 500 in Mergers and Acquisitions, 2014
  • Selected to the Ohio Super Lawyers list, 2009

Education

  • Georgetown University Law Center, J.D., 1996
  • Stanford University, A.B., 1993

Bar Admissions

  • Ohio