Beth E. Berg

BETH BERG (formerly Peev) has over 17 years of experience advising public and privately held companies and boards of directors with respect to public and private mergers and acquisitions, spinoffs, corporate governance and SEC disclosure matters. In addition, Beth has an active practice advising companies in connection with shareholder activism, proxy contests and unsolicited tender offers/takeover defense.

Some notable contested engagements include representing:

• 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 $2.5 billion pending acquisition by an affiliate of Platinum Equity LLC;
• 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 recommended in M&A/Corporate and Commercial in The Legal 500 US 2015. She was also listed as a “Best Lawyer” in the 2015–2017 editions of The Best Lawyers in America in Corporate Governance Law.