Since joining Kirkland, Mary’s representations have included:
- Secured complete victory for a Silicon Valley venture capital firm Social + Capital in proceedings brought by two of its founders and a former partner alleging improper dilution of their carried interest. Following a week-long arbitration trial and post-trial briefing, a JAMS arbitration panel found in favor of Social + Capital in all respects and dismissed all claims asserted by the claimants.
- Portfolio company of Oaktree Capital Management and EGI Investments. Defeated request to enjoin $224 million asset purchase.
- Software company in confidential arbitration arising out of termination of purchase agreement. Won $40 million judgment after trial.
- Portfolio company of Oaktree Capital Management and EGI Investments. Defeated temporary restraining order seeking to escrow sale proceeds.
- TPG and its portfolio company against litigation asserting breach of contract claims. Defeated a motion for expedition and obtained a walk-away settlement.
- Grubhub and its CEO and CFO, defending in a purported securities class action filed in federal court concerning certain statements about the company’s growth, competitive landscape and strategy. Obtained favorable settlement.
- KKR in breach of fiduciary duty litigation.
- Venture capital fund in confidential arbitration involving fiduciary duty and contract claims.
Deal-Related Matters
- Clayton, Dubilier & Rice in connection with its $7 billion take private of Focus Financial Partners.
- Clayton, Dubilier & Rice in connection with its $5.3 billion take private of Cloudera.
- Clayton, Dubilier & Rice in connection with its $4 billion take private of Covetrus.
- Bristol Myers Squibb in connection with its $4.1 billion acquisition of Turning Point Therapeutics.
- Vine Energy Holdings in connection with its $2.2 billion sale to Chesapeake Energy Corporation.
- Verso Corporation in connection with its $825 million sale to BillerudKorsnäsAB.
- Shenandoah Telecommunications Company (Shentel) in connection with its $1.95 billion sale of its wireless business to T-Mobile USA.
- Constellation Brands in connection with $1.5 billion reclassification.
Prior to joining Kirkland, Mary was involved in the following matters:
- Defended a biopharmaceutical company and its directors against breach of fiduciary duty and unjust enrichment claims. Won dismissal in the Delaware Court of Chancery and affirmance in the Delaware Supreme Court.
- Won dismissal of litigation in connection with a chemical company's spin-off of its subsidiary.
- Represented directors of an apparel company in multi-district litigation arising out of a leveraged buyout. Won a contested motion to transfer before the United States Judicial Panel on Multidistrict Litigation.
- Represented a software company in a breach of contract dispute arising out of a terminated merger agreement.
- Represented a biopharmaceutical company and a communications company in litigation demand investigations concerning claims of excessive director compensation.
