Ethan Klingsberg > Freshfields Bruckhaus Deringer LLP > New York, United States > Lawyer Profile

Freshfields Bruckhaus Deringer LLP Offices

Freshfields Bruckhaus Deringer LLP
601 LEXINGTON AVENUE
31ST FLOOR
NEW YORK, NY 10022
NEW YORK
United States
Visit website 1 212 277 4000 1 212 277 4001

Ethan Klingsberg

Ethan Klingsberg photo
+1 212 277 4050 ethan.klingsberg@freshfields.com View profile

Work Department

Corporate and M&A

Position

Partner

Career

Ethan’s practice comprises corporate, public company board of directors, M&A and SEC matters.

He has been repeatedly named a “BTI Client Service All-Star” based on the survey of general counsels of the Fortune 1000, including most recently in 2021, a Law360 M&A “MVP,” one of the top four M&A lawyers in North America for 2020 by MergerLinks, and among only 30 “Legends of 2020” by Lawdragon, as well as having been selected, for a number of different assignments, as “Dealmaker of the Year,” “Dealmaker of the Week” and “Dealmaker in the Spotlight” by The American Lawyer and The Deal, and as a recipient of the Burton Award for Legal Achievement for writing on fiduciary duties. He is recognized as one of the country’s leading corporate lawyers in every major guide, including Chambers Global, Chambers USA, Legal 500 US, IFLR1000 and The Lawdragon 500 (the 500 most influential lawyers in the country).

Ethan has helped a number of companies prevail against, manage and work constructively with “activist stockholders,” including in scenarios where these stockholders have board seats, are seeking board seats and do not have board seats. Experience includes responding to Brave Warrior, Corvex, Duquesne, Elliott, Engine, Franklin Mutual, Harbinger, Icahn, JANA, Paulson, Pershing Square, Relational, Starboard and Trian. For this and other work on behalf of clients, he is recognized as a leader in the category of Shareholder Activism: Advice to Boards by Legal 500 US.

Ethan has had essays, op-eds and articles published in The Financial Times, Reuters Breakingviews, MarketWatch, Law360, The Recorder, The Deal, Corporate Board Member, Directors Monthly, ABA Business Law, M&A Lawyer, Harvard Law School Forum on Corporate Governance, Deal Lawyers, The M&A Journal, and Insights.

He has appeared live on CNBC to discuss the vulnerability of recently deSPAC’ed companies to activism, on Bloomberg TV about the 2022, 2021 and 2020 M&A outlook, on The New York Times – Deal Book broadcast about the role of insider stockholders in M&A transactions, and for the Conference Board about M&A risks for boards and management teams arising in connection with internal forecasts and the roles of insiders and non-traditional sponsors, as well as the “Drinks with The Deal” podcast about navigating new developments in M&A.

Recent speaking events include speaker at Bloomberg Invest 2023 (on “The State of Dealmaking”), chair of the 9th Annual Berkeley M&A and The Boardroom Forum (April 2023), panelist at the 35th Annual Tulane Corporate Law Institute (panel on the impact of regulatory developments on M&A) (March 2023), chair of the 8th Annual Berkeley M&A and The Boardroom Forum (April 2022), panelist at the 34st Annual Tulane Corporate Law Institute (panel on the impact of regulatory developments on M&A) (March 2022), 33rd Annual Tulane Corporate Law Institute (panel on Activism and Impact of Covid on M&A) (March 2021), chair of the 7th Annual Berkeley M&A & Governance Forum (March 2021), and panelist at the PLI Hot Topics in M&A Program (panel on How to Navigate Regulatory Risks in M&A) (September 2020).

Previously, he clerked for the Honorable Robert P. Patterson, Jr. of the U.S. District Court for the Southern District of New York, served as Counselor to Chief Justice László Sólyom of the Hungarian Constitutional Court, and developed and participated in law reform projects in Eastern Europe under the auspices of the Soros Foundation and, later, Central European University.

Education

Yale Law School

  • J.D., Book Reviews and Comments Editor, The Yale Law Journal 1989

University of Pennsylvania

  • B.A. magna cum laude, 1985

Lawyer Rankings

United States > M&A/corporate and commercial > M&A: large deals ($1bn+)

(Leading lawyers)

Ethan Klingsberg – Freshfields Bruckhaus Deringer LLP

Freshfields Bruckhaus Deringer LLP, which has recently made waves in the US M&A market, continues to ‘invest in top-notch legal talent‘, including core corporate and transaction specialists from elite firms in this space. The New York-based team is now prepared to handle numerous high-end, bet-the-company M&A on behalf of household-name clients from the worlds of tech, energy, manufacturing, life sciences and private equity, among other sectors. Standing out for its ability to navigate sensitive issues in the context of hostile M&A, takeover defense and shareholder activism, the group is led by the powerhouse duo Damien Zoubek, ‘a very powerful negotiator and asset in any M&A transaction‘, and Ethan Klingsberg, a leading figure in cross-border and domestic deals. Other key individuals include Paul Tiger, whose experience also covers private equity investments, and Sebastian Fain, who takes the lead on several contested and negotiated transactions, as well as joint ventures involving a range of industries. The highly-rated Jenny Hochenberg joined from Cravath, Swaine & Moore LLP in May 2022. All members are based in New York.

United States > M&A/corporate and commercial > Shareholder activism

Based in New York, Freshfields Bruckhaus Deringer LLP is notable in its full-service offering, running the gamut of shareholder activism defense and preparation, including negotiations, navigating wolf-packs, settlement agreements and proxy fights with activists. Clients turn to the group for complex shareholder activism matters, a recent example of which was advising Euronav on its pending merger with Frontline Ltd, a reflection of the  group’s abilities to handle complex activism matters in the context of contested M&A situations and cross border transactions. Ethan Klingsberg, who also co-leads the firm’s M&A department, leads the team alongside Elizabeth Bieber, who stands out for her ‘expert, relevant, timely, nuanced, and actionable’ advice. Another influential team member is Damien Zoubek who is also co-head of the firm’s M&A practice and specializes in matters arising from complex and contested transactions.

United States > M&A/corporate and commercial > Corporate governance

Freshfields Bruckhaus Deringer LLP‘s team is described as offering ‘excellent client service’ and as ‘very responsive and clear’. The large and steadily expanding corporate advisory and governance practice group is praised for its ‘grasp of corporate governance matters and trends’. Pamela Marcogliese, who ‘gives very client-focused, practical advice’, leads the team out of Silicon Valley and New York alongside capital markets expert Sarah Solum and corporate partner Ethan Klingsberg. Another key team member is counsel Elizabeth Bieber, who provides ‘has an excellent grasp of corporate governance matters’ and regularly advises key clients such as Buzzfeed on corporate governance, capital markets and securities law matters on an ongoing basis. The versatile team spans the country and includes experts on disclosure, securities litigation, shareholder activism defense, executive compensation, capital markets and securities, among other areas. Unless otherwise mentioned, all named practitioners are based in New York.

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