Advising Muddy Waters LLC in relation to its short sale strategies and activist campaigns against Solutions 30 and Casino

Context

From 2019 to 2021, we advised Muddy Waters LLC on its short sale and activist campaign against Solutions 30, whose management was suspected of engaging in illegal activities. We then provided ongoing legal advice to MWC regarding Solutions 30’s operations and MWC’s strategy. In 2018-2020, we also advised several short sellers, including MWC, on their strategy vis-à-vis Casino.

Experience

We advised our clients on all relevant legal risks associated with their communication and strategy as well as the threats of litigation made by target companies.
These cases have had a significant influence on the way activist short-selling practices are apprehended by the French authorities and courts. They have raised awareness of the essential role played by short sellers in the functioning of financial markets and the transparency of listed companies.

Other references

Investment in listed securities
Advising a dozen institutional funds in litigation against TotalEnergies, following the rejection of an advisory resolution to separate the functions of Chairman of the Board and Chief Executive Officer
Investment in listed securities
Advising in the Petrus Advisors fund's activism campaign in the Criteo case, which led to a change in governance
Investment in listed securities
Advising an American hedge fund, holders of Neoen OCEANE bonds, in connection with the public offering launched by the Brookfield fund.
Investment in listed securities
Advising several investment funds in relation to the French State's takeover of EDF and challenging the offer price
Investment in listed securities
Advising TIG Advisors LLC on its communication and investment strategies in connection with Veolia's hostile takeover of Suez
Investment in listed securities
Advising Muddy Waters LLC in relation to its short sale strategies and activist campaigns against Solutions 30 and Casino
Complex litigation
Advising several shareholders and bondholders of Casino and Rallye in tort litigation against the companies and certain of their executives, based in particular on the dissemination of false and misleading information.
Complex litigation
Counsel to several Atos shareholders in tort litigation against its statutory auditors, notably for accounting insincerity.
Complex litigation
Advising several institutional investors in a dispute against the management company of a UCITS, for breaches of professional rules.