Akin Gump Strauss Hauer & Feld LLP

05/05/2021 | Press release | Distributed by Public on 05/05/2021 16:16

co-authored by Kerry E. Berchem, Alice Hsu, Anthony J. Renzi Jr., Jacqueline Yecies, Stephanie Lindemuth

Key Experience

  • Advises on M&A, capital markets transactions and corporate governance matters.
  • Go-to advisor to post-restructured companies and on event-driven transactions.
  • Co-chairs the firm's corporate governance and shareholder activism group, co-chairs the firm's ESG group and is a member of the firm's management committee. From 2008 to 2018, led Akin Gump's corporate practice.

Practice

Kerry Berchem is a highly recognized corporate transactional partner, with more than three decades of experience in public and private merger and acquisitions (M&A) and capital markets transactions. In addition to advising on complex, multibillion dollar deals, Kerry serves as a trusted advisor to and is called upon by boards of directors and special committees on a broad array of corporate governance and takeover defense matters. She has a bespoke practice working with companies following a restructuring, both out of court or through chapter 11, and developing and executing on innovative deal structures specific to post-restructured companies. Clients rely on her judgment and business acumen to manage risk, solve problems and create value.

She routinely handles:

  • Mergers and acquisitions
  • Capital markets transactions and ongoing '34 Act compliance
  • Corporate governance matters, including audit committee and special committee representations, and
  • Crisis management engagements.

Representative Work

  • Starboard Value Acquisition Corp. (Nasdaq: SVAC) in its $3.4 billion merger with Cyxtera Technologies, Inc., a global leader in mission-critical retail colocation and interconnection services.
  • Verso Corporation (NYSE:VRS), a leading North American producer of specialty and graphic papers, packaging and pulp, in a three-year comprehensive strategic alternatives review, culminating in a $400 million sale of two of its mills to Pixelle Specialty Solutions.
  • Nasdaq-listed reinsurance company in connection with its formation and capitalization, initial public offering and concurrent private placement, multiple financings and recent strategic alternatives review.
  • WMIH Corp. (Nasdaq: WMIH), in connection with its Series A preferred stock issuance, Series B preferred stock issuance and refinancing, and $3.8 billion merger with Nationstar Mortgage (now known as Mr. Cooper Group).
  • U.S. Concrete, Inc. (Nasdaq: USCR) in connection with a buy-and-build strategy involving nearly two-dozen completed strategic M&A transactions.
  • Nasdaq-listed reinsurance company in connection with its formation, private placement and capitalization, initial public offering, Securities and Exchange Commission (SEC) compliance and its $3 billion merger, including responding to a competing tender offer and proxy contest.
  • Nasdaq-listed reinsurance company in connection with its $3.1 billion merger with a public reinsurance company.
  • Private cryptocurrency company in connection with a joint venture agreement.
  • Private company in connection with a $1.1 billion receivable portfolio acquisition and related financing matters.

Kerry has also advised multiple public company board of directors and committees in connection with corporate governance matters, including the preparation for, and defense and settlement of, hostile proxy contests and financial restatements. She also frequently writes and speaks about corporate governance matters. In January 2021, on behalf of the firm, she authored an SEC comment letter in support of the Nasdaq Diversity Proposal.

Speeches

  • Moderator, General Counsel track, Corporate Board Member Mid-Cap Board Committee Peer Exchange.
  • Using Evaluations to Enhance Board Effectiveness, Annual Corporate Board Member Boardroom Summit.

Public Service and Affiliations

  • Member, New York City Bar Association, Mergers & Acquisitions Committee.
  • Former member, Fairfield Connecticut Representative Town Meeting.
  • Fairfield University Ignition Leadership Residential College Mentor.
  • Yale Alumni Interviewer.
  • Volunteer for the Pro Bono Partnership.

Recognition

  • Euromoney, Women in Business Law - Corporate Governance Lawyer of the Year Finalist, 2021.
  • The Deal, Top Women Dealmakers - Activism, 2021.
  • Crain's New York, Notable Women in Law, 2021.
  • IFLR1000 US- Notable Practitioner in Capital Markets, M&A and Private Equity, 2019 to 2020.
  • The Legal 500 US - M&A, 2015 to 2020.
  • Chambers USA as a leading lawyer in the area of Corporate/M&A, 2006 to 2020.
  • New York Law Journal, New York Trailblazers, 2019.
  • Acritas, Acritas Star, 2019.
  • Named one of New York Law Journal's 'Top Women in Law,' which recognizes those 'making strides to push the legal profession forward for women,' 2016.
  • Recipient of Diversity Journal's 13th Annual 'Women Worth Watching' award, 2014.
  • Named to the American Lawyer's '45 Under 45' list, recognizing the top female lawyers in private practice, 2011.