Dechert LLP‘s litigators are often tasked with defending private equity funds and their directors in shareholder actions arising out of mergers, governance decisions and alleged breaches of fiduciary duties, tackling cases in state and federal courts, including the Delaware Court of Chancery. Joni Jacobsen, who spearheads the firm’s securities litigation group, represents listed companies and their directors in class actions and derivative disputes, and in 2024 defended PureCycle Technologies against a demand to inspect books and records in Delaware and a securities fraud allegation arising out of a de-SPAC transaction, which settled in October. Neil Steiner defended a special committee of Harvest Capital Credit Corporation’s board, against shareholder allegations that directors had breached their fiduciary duties in Harvest Capital’s merger with Portman Ridge Finance Corporation, while San Francisco’s Richard Horvath represented Barcoding, Inc. in a shareholder claim alleging its directors had made material misstatements in advance of its now-closed merger with DecisionPoint Systems. Unless otherwise specified, named lawyers are New York-based.
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Key clients
- Guggenheim Funds Investment Advisors, LLC
- Special Committee of the Board of Directors of Harvest Capital Credit Corporation
- PureCycle Technologies, Inc.
- Willoughby Capital Holdings, LLC
- Atlas Merchant Capital
- Barcoding, Inc./Graham Partners
- MOL Hungarian Oil and Gas PLC
- Colt Parent Company LLC
- US INFRA SVCS Buyer LLC
Work highlights
- Represented Guggenheim Funds Investment Advisors, LLC a Delaware Chancery Court class action related to the Fiduciary/Claymore Energy Infrastructure Fund's decline, tax errors, and merger with Kayne Anderson Energy Infrastructure Fund.
- Represented Harvest Capital Credit Corporation and certain directors in class action lawsuits in Delaware, New York state, and federal courts, related to its merger with Portman Ridge Finance Corporation.
- Represented PureCycle Technologies, Inc. and certain current and former officers in a securities class action and several derivative actions arising from a business combination with a SPAC.
Lawyers
Practice head
Joni Jacobsen
Other key lawyers
Neil Steiner; Richard Horvath