North America - United States • M&A/corporate and commercial

Kirkland & Ellis LLP

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The New York office of Kirkland & Ellis LLP houses a shareholder activism and hostile takeover defense team that is well regarded for handling some of the most complex and high-profile matters in the US market. The firm draws on its wider strength across related departments in M&A, capital markets, ESG, litigation and restructuring to provide strategic advice to prevent costly proxy fights. However, the team is experienced when those contests do arise and has been one of the firms at the forefront of contests under the SEC’s new universal proxy rules. Shaun Mathew is ‘efficient, thoughtful, creative and aggressive’ in his counsel to a range of well-known companies and board members, with Sarkis Jebejian being another key figure to note. Eric Schiele and Daniel Wolf are particularly strong in matters arising from M&A.

Legal 500 Editorial commentary

Testimonials

Collated independently by Legal 500 research team.

  • ‘K&E always think two or three steps ahead of the opposition (including competitors). They are creative, but not so creative as to jeopardize the client's ultimate goal. At most corporate law firms, I have noticed a big drop-off in talent under the main partner - not at K&E, where there is top-notch advice and talent from head partner to first-year associate.’

  • ‘Shaun Mathew has exceptional skills as a lawyer, but also provides exceptional advice as a deal practitioner. I have been handling M&A and activism for 30-plus years and would rank Shaun in my top 5 of all time.’

  • ‘Brainy and creative, the Kirkland shareholder activism team has no equals.’

  • ‘Shaun Mathew is efficient, thoughtful, creative and aggressive.’

  • 'Cohesive group of the most experienced and commercial lawyers I work with.'

  • 'Unmatched activism and special situations team that perfectly complements one of the deepest and broadest M&A teams of any global law firm.'

  • 'Daniel Wolf and Shaun Mathew are extremely battle tested and deeply experienced and aggressive defenders of clients facing a variety of complex, bet-the-company situations like M&A, hostile takeovers, activist shareholders, proxy fights, short attacks and other multi-faceted, multi-stakeholder situations. Truly best in class.'

Key clients

  • AIM ImmunoTech Inc.
  • Clear Channel Outdoor Holdings, Inc.
  • Constellation Brands, Inc.
  • CURO Group Holdings Corp.
  • Daseke, Inc.
  • Eli Lilly & Company
  • El Pollo Loco Holdings, Inc.
  • Hanesbrands Inc.
  • Heron Therapeutics, Inc.
  • Mueller Water Products
  • ONEOK, Inc.
  • Six Flags Entertainment Corporation
  • Sylvamo
  • Thoma Bravo
  • Venator Materials Plc
  • Vince McMahon
  • Vista Equity Partners
  • Wyndham Hotels & Resorts

Work highlights

  • Advised Vince McMahon on actions in support of a plan for WWE to undertake a review of strategic alternatives, including the election by written consent to the WWE Board of Mr. McMahon and two other individuals.
  • Advised AIM ImmunoTech on an attempted proxy contest under the SEC’s new universal proxy rules, which developed to litigation at the Delaware Chancery Court.
  • Advising Wyndham Hotels & Resorts in response to the pending hostile takeover bid and threatened proxy contest from Choice Hotels International.

Lawyers

Leading lawyers: Advice to boards

Shaun Mathew

Kirkland & Ellis LLP

Shaun is a corporate partner and a leader of Kirkland’s Shareholder Activism & Hostile Takeover Defense practice. He counsels public companies and their boards of directors on shareholder activism and hostile takeover response and preparedness, investor engagement, and corporate governance matters, including those related to diversity, sustainability and other ESG related issues. In addition, Shaun is a member of Kirkland’s Crisis Response practice, counseling clients on governance and communications considerations in high-profile crisis situations. His recent experience includes defending public companies and private equity sponsors in several of the most high profile challenges to M&A transactions, and he has defended clients against campaigns mounted by a number of activist investors including Elliott Management, Carl Icahn, Starboard Value, JANA Partners, and Engaged Capital. Shaun is a frequent speaker on shareholder activism, corporate governance and ESG topics and has guest lectured at Harvard Law School and the University of Michigan Law School, among others. His articles have been featured in Harvard Law School Forum on Corporate Governance, and he has been quoted in leading publications including The Wall Street Journal and The Deal.

Other key lawyers

Shaun Mathew, Sarkis Jebejian, Eric Schiele, Daniel Wolf