Sidley Austin LLP > Boston, United States > Firm Profile

Sidley Austin LLP
60 STATE STREET, 36TH STREET
BOSTON, MA 02109
MASSACHUSETTS
United States

M&A/corporate and commercial > Shareholder activism Tier 1

Sidley Austin LLP has a strong track record and market reputation in shareholder activism, both domestically and internationally, and is ‘full of skilled attorneys‘ who work on high profile activism matters for household name clients such as The New York Times Company. The team includes two specialist activism and takeover defense practitioners in Derek Zaba, who splits his time between Palo Alto and New York, and Kai Liekefett in New York, with the pair referred to as ‘great lawyers who have a very good practice representing public companies defending against activist investors’, and are well supported by Jessica Wood in New York, who has represented a wide range of public companies against shareholder activism.  Leonard Wood in Houston was promoted to partner in January 2023, and is a key team member experienced in takeover defense, with specialist expertise in investor pressure connected to ESG issues.

Practice head(s):

Kai Liekefett; Derek Zaba

Other key lawyers:

Testimonials

‘Full of skilled attorneys.’

‘Derek Zaba and Kai Liekefett are great lawyers who have a very good practice representing public companies defending against activist investors.’

‘Deep experience and leadership in area of activism defense. A practice singularly focused in this area and with partners who are respected in the industry.‘

Key clients

The New York Times

Hasbro, Inc.

Box, Inc.

Alkermes, Inc.

Zendesk, Inc.

Momentive Global Inc.

SpartanNash Company

US Foods Holding Corporation

Peloton Interactive

LivePerson, Inc.

TreeHouse Foods, Inc.

Comtech Telecommunications Corp.

CytoDyn, Inc.

Blucora, Inc.

Quotient Technology Inc.

NiSource, Inc.

UBS Puerto Rico Family of Funds

Medallion Financial Corp.

UpHealth, Inc.

International Flavors & Fragrances Inc.

Work highlights

  • Representing The New York Times in its activism campaign defense against ValueAct Capital Partners.
  • Represented Hasbro in its successful proxy contest against hedge fund Alta Fox.
  • Represented Box in its successful proxy contest defense against Starboard Value, which was Starboard’s first defeat in a proxy contest in nearly a decade.

Environment > Environment: litigation

Dispute resolution > Appellate: courts of appeals / Appellate: supreme courts (states and federal)

Finance > Structured finance: securitization Tier 2

Insurance > Insurance: non-contentious Tier 2

International Trade > Trade remedies and trade policy Tier 2

Dispute resolution > International arbitration Tier 3

Dispute resolution > Product liability, mass tort and class action - defense: consumer products (including tobacco) Tier 3

Environment > Environment: regulatory Tier 3

Environment > Environment: transactional Tier 3

Finance > Capital markets: debt offerings

Finance > Structured finance: derivatives and structured products Tier 3

International Trade > Customs, export controls and economic sanctions Tier 3

Media, technology and telecoms > Cyber law (including data privacy and data protection) Tier 3

With the May 2022 arrival of David Lashway, John Woods, Jennifer Seale and Jonathan Wilan from Baker McKenzie LLP, Sidley Austin LLP’s Washington DC-centered practice has deepened its expertise in the data privacy and cybersecurity space. The team is called upon to advise leading technology companies and public companies on global and critical malware and ransomware matters that require international regulatory engagement, law enforcement coordination, breach notifications and SEC disclosures. Practice co-heads Alan Charles Raul and Lashway advise clients on global regulatory compliance, data breaches and crisis management with the former focusing on issues concerning national security, constitutional and administrative law. Lashway is also known for his expertise in advising on incident responses to critical infrastructure attacks, national-level misinformation-related issues and data due diligence assistance as part of corporate transactions. Colleen Theresa Brown is the key contact for emerging technology issues, working on the full range of mandates. Clients in the financial sector rely on Woods’ advice concerning global responses to data integrity attacks. Seale brings experience in handling complex cybersecurity investigations. Clayton Northouse departed the firm in April 2022.

Practice head(s):

Alan Charles Raul; David Lashway

Testimonials

‘The team has deep expertise in privacy and cybersecurity and provides great guidance across the board. They have a long history on working with these issues and provide expert guidance on short notice.’

‘Alan Raul has long time deep expertise on cybersecurity and privacy laws stemming from a background in administrative law.

‘Colleen Brown is an excellent privacy attorney working closely with the financial services industry and providing expert advice.’

Key clients

WatchGuard Technologies, Inc.

WW

AT&T

Securities Industry and Financial Markets Association

Stonepeak

Clearlake Capital Group L.P.

nCino, Inc

Work highlights

  • Represented a technology company in a highly sensitive cybersecurity matter regarding the Cyclops Blink malware by a Russian threat actor.
  • Advising AT&T on a broad range of privacy and cybersecurity issues, including advising on communications, satellite and cable privacy, location data privacy, and general privacy under the FTC and Telecom Acts, as well as under state (such as CCPA and CPRA) and international laws.
  • Advising SIFMA on financial privacy, cross-border, cybersecurity, and emerging technology issues.

Media, technology and telecoms > Technology transactions Tier 3

Energy > Energy transactions: oil and gas Tier 4

Finance > Capital markets: equity offerings

Finance > Project finance Tier 4

Healthcare > Life sciences Tier 4

Insurance > Advice to insurers Tier 4

Labor and employment > Employee benefits, executive compensation and retirement plans: transactional Tier 5

M&A/corporate and commercial > Private equity buyouts: large deals ($500m+)

Dispute resolution > Product liability, mass tort and class action - defense: pharmaceuticals and medical devices

Dispute resolution > Product liability, mass tort and class action - defense: toxic tort

Investment fund formation and management > Mutual/registered/exchange-traded funds

Media, technology and telecoms > Telecoms and broadcast: transactions

Media, technology and telecoms > Media and entertainment: transactional

Real estate > Real estate investment trusts (REITs)

Finance > Capital markets: high-yield debt offerings

Latin America: International firms > Corporate and M&A

Sidley Austin LLP is best known for cross-border M&A, fund formation and energy deals. With the launch of a Miami office and the arrival of Juan Delgado and a team from Morrison Foerster in July 2022, the firm is now a considerably more significant player in venture capital and emerging company transactions in the region - in part as a result of its appointment as a panel firm for SoftBank Latin America Fund. The firm continues to be active in Latin America fund formation, including growth capital and impact investment funds. It also remains prominent in oil and gas transactions in Brazil. In addition to Brazil, Mexico and Colombia are key jurisdictions for the practice - although it is also active in a number of other smaller markets in the region. New York partner Alyssa Grikscheit is a leading figure in fund formation in Latin America; while Boston partners Alexander Temel and Daniel S Rawner are noted for M&A and private equity. Miami-based managing associate Axel Miranda  is another key figure for venture capital and emerging company transactions.

Practice head(s):

Alyssa Grikscheit

Testimonials

‘Sidley’s team accopmanied us through a sell-side process, where they participated in all phases of the project (from open bid, to closing). Their level of expertise in helping us guide the process was extraordinary. The process was particularly challenging, since we had multiple (3) jurisdictions, with multiple firms involved across several disciplines. Sidley acted as the head of counsel for all our advisors and helped us navigate the process from start to finish.’

‘Alexander Temel and Daniel Rawner are incredibly talented lawyers. They were very helpful in navigating the business side of things (negotiation). They always had a clear understanding of the implication of things and helped us a lot with our internal decision making process.’

Key clients

Darling Ingredients

Davidson Kempner Capital Management

Crescera Investimentos

China National Oil and Gas Exploration and Development Company

Napier Park Global Capital

SoftBank Latin America Fund

United Airlines Holdings

Univision Communications

Vinci Partners Investments

Work highlights

  • Advised Darling Ingredients on its agreement to buy Brazilian company, Gelnex, for $1.2bn in cash.
  • Advised Brazilian alternative assets manager, Crescera Capital on the formation of Crescera Growth Capital Fund V, a growth equity fund seeking commitments to invest in mid-market growth capital investments in Brazil.
  • Represented United Airlines in connection with its interests in Avianca Airlines.
Photo Name Position Profile
Alexander Temel photo Alexander Temel Partner