Olshan Frome Wolosky LLP > New York, United States > Firm Profile

Olshan Frome Wolosky LLP
1325 AVENUE OF THE AMERICAS
NEW YORK, NY 10019
United States

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

The 'thoughtful, creative, and extremely responsive' activist and equity investment team at Olshan Frome Wolosky LLP acts for the most prolific activist shareholders in the US. Kenneth Mantel  is noted for his involvement in activist campaigns on behalf of Elliott Management (of which the firm has been involved in ten to date). Building upon its history of success in proxy contests, and following on from its representation of Starboard Value in a significant proxy contest in 2020, the team represented Starboard in connection with its key proxy contest at Box, Inc in 2021.  Steve Wolosky is known as a pioneer in shareholder activism and is praised as 'one of the most knowledgeable, accessible, and helpful lawyers in the activist space'. He co-heads the team with Andrew Freedman, who has become the firm’s go-to advisor for newly launched activist investor firms. Elizabeth Gonzalez-Sussman is one of few women acting for hedge funds and other large investors in shareholder activist situations. Ryan Nebel advised a number of high-profile activists in 2021, including GameStop. All named practitioners are based in New York.

Practice head(s):

Andrew Freedman; Steve Wolosky

Other key lawyers:

Meagan Reda; Sebastian Alsheimer; Ryan Nebel; Kenneth Mantel; Elizabeth Gonzalez-Sussman

Testimonials

‘The Olshan team brings both deep and broad experience in the activist space. They are thoughtful, creative, and extremely responsive.’

‘Steve Wolosky is one of the most knowledgeable, accessible, and helpful lawyers in the activist space. Ryan Nebel is also an extremely valuable resource. He is available when you need him, extremely resourceful, and no question or job is beneath him. He is a great partner in everything we do.’

‘Very experienced, practical and commercial in their approach to complex issues. They put themselves in the client’s shoes and try to provide the best advice under the circumstances. They are state of the art in this legal area and always looking to learn and look for innovative and creative solutions.’

‘They get to the heart of the matter and try to understand the whole picture (business and legal).’

Key clients

Ancora Advisors, LLC

Barington Capital Group, L.P.

Browning West LP

Elliott Associates, L.P.

Engaged Capital LLC

Engine Capital LP

GAMCO Asset Management Inc.

Land & Buildings Investment Management, LLC

Legion Partners Asset Management, LLC

Lion Point Capital, LP

Marathon Partners Equity Management, LLC

MG Capital Management, Ltd

Outerbridge Capital Management, LLC

RC Ventures, LLC (Ryan Cohen)

Sherborne Investors Management LP

Starboard Value LP

Stilwell Value LLC

The Donerail Group LP

Third Point Management

Velan Capital, L.P.

Work highlights

  • Represented a group of clients consisting of Ancora, Macellum, Legion, and 4010 Capital in connection with its successful nomination of nine director candidates to the board, proxy campaign, and successful settlement for three board seats at Kohl’s.
  • Advised Elliott with its successful nomination of six director candidates to the board and its settlement agreement with Public Storage in which two new directors were appointed to the board and appointed them to a newly created committee.
  • Advised Starboard in all activist and governance related matters for its campaign at Corteva and Starboard’s ultimate agreement to add three new directors to Corteva’s Board.

Media, technology and telecoms > Advertising and marketing: transactional and regulatory Tier 3

Olshan Frome Wolosky LLP in New York has a robust team that works collaboratively across clients and matters, concentrating not only on advertising, marketing and promotions law advice, but also on litigation, including before the FTC and NAD. Andrew Lustigman coordinates the team and focuses on sweepstakes, contests, the development of social media programs and marketing campaigns, and regulatory and privacy matters. Tamara Carmichael has a successful practice bordering advertising and promotions, emerging media, technology, privacy and intellectual property law.

Practice head(s):

Andrew Lustigman

Other key lawyers:

Tamara Carmichael; Scott Shaffer

Testimonials

‘Strengths and key capabilities include contracts, patents, and trademarks. The Olshan team, headed by Andrew Lustigman, is efficient, thorough, and highly professional.’

‘Andrew Lustigman is an expert team leader. He assesses the client’s needs and directs an efficient resolution of all relevant legal matters.’

‘Andrew Lustigman and Scott Shaffer are exceptional for legal knowledge, expertise, dedication, perseverance, negotiating skills, incisive analysis and availability.’

‘Unique ability to befriend and become trusted advisors to their clients. When dealing with legal matters, it’s essential you develop a trusting relationship with your legal team. Olshan certainly know how to do that.’

Key clients

Harbor Freight Tools

Golfballs.com, Inc.

PLx Pharma

Direct Wines, Inc.

Eataly

Fooji, Inc.

Housewares America, Inc.

Leading Pharma

Macromark, Inc.

Fareportal, Inc.

Harbor Freight Tools

Golfballs.com, Inc.

PLx Pharma

Direct Wines, Inc.

Eataly

Work highlights

  • Advising PLx Pharma in connection with the advertising of its recently launched Vazalore – the first and only liquid aspirin product.
  • Representing Fareportal for its CheapOair.com and OneTravel.com Online Travel Booking Services and also plays an active role in Fareportal’s compliance activities.
  • Advising the innovative social media marketer Fooji on sweepstakes promotions and related matters relating to “pop up” promotions.

Olshan, a law firm based in New York, represents major businesses and entrepreneurs in their most significant transactions, problems and opportunities. Olshan’s clients range from public companies, hedge, venture capital, private equity and other investment funds to entrepreneurs and private companies worldwide. Clients choose Olshan for innovative strategies and sophisticated, game-changing advice in corporate, securities law and shareholder activism, complex commercial, corporate and securities litigation, real estate, intellectual property, bankruptcy and creditors’ rights, and advertising.

Main areas of practice
Shareholder activism practice group:
Olshan’s shareholder activist group is widely recognized as the global premier practice in representing activist investors in contested director elections. Lawyers in the Activist group have been involved in seeking Board representation at over 650 public companies. The Activist group counsels clients on a wide variety of activist strategies, from proxy contests, consent solicitations and hostile takeovers to letter-writing campaigns and behind-the-scenes discussions with management and boards of directors.

Advertising, marketing and promotions: The advertising, marketing and promotions group attorneys are focused on serving the advertising, internet, and promotional marketing industries. Whether utilizing the latest in new digital technology to conduct a sweepstake, incorporating social media into a campaign, or delivering their message through traditional media channels, clients rely on the group for innovative and proactive legal advice that allows them to market effectively.

Corporate/securities law: Olshan’s corporate and securities law group provides experienced and creative counsel to public and private issuers, underwriters, venture capital firms and others in a variety of capital-raising transactions. Clients regularly call upon the group for its expertise in negotiating mergers and acquisitions, credit facilities and other loan transactions, venture capital financings, buyouts and ‘going private’ transactions, navigating contested proxy solicitations, forming and other matters.

Real estate: The real estate law attorneys have particular experience serving clients in the areas of major office buildings, including purchases, sales, financings, space leasing and ground leasing of office buildings, hotels and development sites, retail leasing, where the firm represents major brand retailers in leasing retail space in Manhattan and across the US, ground rent reset arbitrations and real estate joint ventures.

Litigation: The litigation group represents funds, banks and other investors involving securities fraud allegations, broker-dealer disputes, lending, and contests for corporate control. Additionally, the group includes former prosecutors who maintain a white collar defense and whistleblower practice and general commercial litigators involved in a wide array of business and contract disputes involving software development, sales of businesses, sale of goods and more.

Bankruptcy and financial restructuring: The attorneys in the bankruptcy and financial restructuring group represent or have represented creditors, creditors’ committees, debtors, trustees, bondholders, secured creditors and lenders, landlords and buyers and sellers of distressed assets and debt or equity positions in out-of-court restructurings as well as in-court insolvency cases.

Intellectual property law: The intellectual property law group offers expert counsel and litigation capabilities to enable businesses and individuals to establish, protect and exploit their trademarks, copyrights and trade secrets. The trademark practice is particularly extensive.

Brand management and protection: Olshan’s brand management and protection group helps clients build strong, enduring brands and protect them from challenges throughout the world, working with clients from brand inception through all stages of marketing and development.

Tax and personal planning: Olshan’s tax and personal planning group provides skilled and sophisticated tax and financial planning services to corporations, partnerships/LLCs and other business entities, high-net-worth individuals, families and fiduciaries of complex estates and trusts.

Employee benefits: the employee benefits group meets the challenges employers face in connection with the compensation of employees and the planning and administration of employee benefits. The group assists in the design and drafting of all forms of executive compensation plans, arrangements and programs.

Employment practices: the employment practices group assists employers in managing their relationships with employees and independent contractors, including preparation of employment contracts, investigations into allegations of discrimination and harassment, counsel on workplace testing and FCRA.

DepartmentNameEmailTelephone
Shareholder Activism Practice Group Steve Woloskyswolosky@olshanlaw.com212.451.2333
Shareholder Activism Practice Group Andrew Freedmanafreedman@olshanlaw.com212.451.2250
Advertising, Marketing & Promotions Andrew Lustigmanalustigman@olshanlaw.com212.451.2258
Bankruptcy & Financial Restructuring Michael Foxmfox@olshanlaw.com212.451.2277
Corporate/Securities Law Robert Friedmanrfriedman@olshanlaw.com212.451.2220
Employee Benefits Stephen Fersztsferszt@olshanlaw.com212.451.2229
Employment Practices Michael Passarellampassarella@olshanlaw.com212.451.2322
Intellectual Property Law Steven Gurskysgursky@olshanlaw.com212.451.2385
Litigation Lori Marks-Estermanlmarksesterman@olshanlaw.com212.451.2257
Real estate Thomas Kearnstkearns@olshanlaw.com212.451.2273
Tax & Personal Planning Warren Gleicherwgleicher@olshanlaw.com212.451.2231
Brand Management & Protection Mary Griecomgrieco@olshanlaw.com212.451.2389
Brand Management & Protection Andrew Lustigmanalustigman@olshanlaw.com212.451.2258
Number of Partners : 44
Number of Lawyers : 49
Co-Administrative Partners : Steven Gursky
Co-Administrative Partners : Nina Roket