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Public companies have historically been able to solicit proxies for their annual meetings without the sort of litigation that typically accompanies the solicitation of votes for special meeting to approve a merger or acquisition. However it now appears that the landscape may be rapidly changing. A series of recent lawsuits have sought to enjoin annual meetings based on alleged deficiencies in the proxy statement disclosures for proposals to approve increases in equity plan reserves and advisory votes on executive compensation. The presence of these lawsuits will create challenges for many public companies as we approach the 2013 proxy season.

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