Haley S. Stern

ArcLight Capital Partners, one of its portfolio companies, and certain officers and directors in two purported class actions filed in the Delaware Court of Chancery and New York federal court relating to ArcLight’s merger with American Midstream partners. Won complete dismissal of the New York action in 2021 and won complete trial verdict in the Delaware action in 2026.

Vince McMahon, the founder and former chairman of WWE, in fiduciary duty litigation in Delaware arising out of WWE’s $21.4 billion merger with Endeavor, forming TKO Holdings, a premium sports and entertainment company consisting of WWE and UFC. Favorable settlement achieved.

Directors of Skillsoft Corp. in an action in the Delaware Court of Chancery alleging fiduciary duty claims arising from the company’s $525 million acquisition of online education technology platform Codecademy in 2022. Secured complete dismissal.

LG Electronics in litigation in Delaware brought by former directors of Alphonso, Inc., a start-up controlled by an LG subsidiary. Kirkland took over the case after LG lost at trial in a Section 225 action challenging the removal of certain of the plaintiffs from Alphonso’s board. Successfully defeated a post-trial motion seeking to shift millions in fees to LG.

Apax Partners and its portfolio company, Thoughtworks, as well as certain officers and directors in appraisal and fiduciary duty litigation arising from the company’s $1.75 billion take-private acquisition. Settled on favorable terms.

Fox Corporation and certain former officers and directors of Twenty-First Century Fox, including Rupert Murdoch, in a derivative action in the Delaware Court of Chancery arising out of 21CF’s $73 billion merger with The Walt Disney Corporation and the separation of Fox Corporation. Obtained complete dismissal of claims on motion to dismiss.

Instructure and its sponsor Thoma Bravo, as well as certain of Instructure’s officers and directors, in litigation in Delaware Chancery Court surrounding Thoma Bravo’s $2 billion take-private acquisition of Instructure. Obtained complete dismissal of claims on motion to dismiss.

Zendesk and its directors and officers in connection with appraisal, fiduciary duty and securities litigation arising out of Hellman & Friedman and Permira’s $10.2 billion take-private acquisition of Zendesk. Negotiated a favorable settlement of the appraisal action. Obtained complete dismissal of the federal securities litigation and the fiduciary duty action. Dismissal affirmed on appeal.

Lee Enterprises and its board of directors, in expedited litigation in the Delaware Court of Chancery surrounding a hostile M&A bid. Won complete verdict for Lee and its board.

HGGC and one of its affiliated funds in a putative class action filed in the Delaware Court of Chancery arising from its $446 million take-private acquisition of Nutraceutical International Corporation. Settled on favorable terms.

Howard Energy Partners and its co-founder and various directors in expedited litigation in Delaware Court of Chancery over control of the company. Settled on favorable terms.

SK Inc., SK Pharmteco and the Center for Breakthrough Medicines in multiple Delaware actions arising from the real-estate development surrounding a $1 billion-plus gene therapy manufacturing facility.

International Automotive Components Group North America, Inc. and one of its private equity sponsors, Gamut Capital Management, in litigation involving breach of
non-competition agreement and tortious interference with contract. Settled on favorable terms.

The Special Committee of the board of directors of Taubman Centers in “material adverse change” litigation related to the attempted termination by Simon Property Group of its $9.8 billion Taubman acquisition. The case settled on the eve of trial in 2020.

Confidential U.S. private equity firm and its portfolio company in a dispute arising out of the repurchase of another company’s minority interest.