Beth E. Berg

Some notable contested engagements include representing:

• Blucora, Inc. in connection with the proxy contest launched by Ancora Catalyst Institutional, LP;
• MiMedx Group, Inc. in connection with concomitant proxy contests launched by each of Prescience Point and Parker Petit;
• Elaine Wynn in connection with her proxy contest against Wynn Resorts Limited;
• HomeStreet, Inc. in connection with the proxy contest launched by Roaring Blue Lion Capital, L.P.;
• United Continental Holdings, Inc. in connection with the proxy contest launched by Altimeter Capital Management, LP and PAR Capital Management, Inc.;
• Carbonite, Inc. in its successful defense against an unsolicited tender offer by j2 Global, Inc. and related proxy contests;
• BIOLASE, Inc. in connection with two proxy contests;
• Commercial Metals Company in its successful defense against a $1.7 billion hostile tender offer and proxy contest launched by Carl Icahn;
• TomoTherapy Incorporated in connection with the proxy contest launched by Avalon Portfolio, LLC; and
• Ventana Medical Systems, Inc. in connection with an unsolicited tender offer and subsequent negotiated $3.4 billion acquisition by Roche Holding Ltd.

Some notable M&A engagements include representing:

• Multi-Color Corporation in its sale to an affiliate of Platinum Equity LLC for approximately $2.5 billion;
• Yum! Brands, Inc. in its $10.2 billion spinoff of Yum China Holdings, Inc.;
• CBOE Holdings, Inc. (n/k/a Cboe Global Markets, Inc.) in its $3.2 billion acquisition of Bats Global Markets, Inc.;
• The special committee of the board of directors of Blue Bird Corporation in connection with the committee’s evaluation of a going-private transaction proposed by Blue Bird’s controlling stockholder, American Securities LLC;
• Keurig Green Mountain, Inc. in its sale to a JAB Holding Company-led investor group for approximately $13.9 billion;
• NiSource, Inc. in its spinoff of Columbia Pipeline Group, Inc.;
• Beam Inc. in its sale to Suntory Holdings Limited for approximately $16 billion;
• Tellabs, Inc. in its sale to Marlin Equity Partners for a total of approximately $891 million; and
• Fortune Brands, Inc. (n/k/a Beam Suntory Inc.) in its spinoff of Fortune Brands Home & Security, Inc. and in its sale of its Cobra golf brand and related assets to PUMA AG.

Beth is an appointed member of the American Bar Association’s Committee on Corporate Laws, and she serves on the Shareholders’ Meetings Handbook Task Force and the Anti-takeover Provisions Task Force.