Schulte is advising Kimmeridge Energy Management Company LLC in its nomination of three directors to the board of PDC Energy Inc., an independent oil and gas company focused on the responsible development of natural resources.

The Schulte team advising Kimmeridge Energy Management Company LLC is led by Ele Klein, partner and co-chair of the firm’s global Shareholder Activism Group. The team also includes special counsel Adriana Schwartz, associates Brandon Gold, Daniel Goldstein and David Rothenberg and former Schulte lawyer William Tevlin.

Schulte advised Starboard Value LP, a leading investment adviser, in its $200-million strategic investment in Papa John’s. In addition, Papa John’s is expanding its board of directors to include Jeffrey C. Smith, the chief executive officer of Starboard, as a director and appointing him as chairman of the board. Smith brings significant knowledge of the restaurant, retail and hospitality industries, which will help to support and expand Papa John’s differentiated market position. The campaign won “Activist Campaign of the Year” at The Deal Awards on June 20, 2019.

The Schulte team advising Starboard is led by Ele Klein, partner and co-chair of the firm’s global Shareholder Activism Group. The team also included special counsel Clara Zylberg and associate David Rothenberg.

McDermott Will & Emery has hired partner Joseph K. Mulherin to advise clients on the increased litigation risks stemming from wage and hour and employment discrimination class actions. Joseph joins as a partner in the Employment Practice Group and will be based in McDermott’s Chicago office.

Joseph joins from Vedder Price where he served as co-chair of its Employment Class Action Group. He focuses on a wide range of complex employment matters, including defending employers against class action lawsuits and counseling them on best employment policies and practices. He has extensive experience representing clients in federal and state governmental agency investigations, including US Department of Labor and Equal Employment Opportunity Commission investigations.

“Adding breadth and depth in Chicago has been a priority for us as we continue to strategically grow McDermott’s Employment Practice,” said Michael Sheehan, global head of the Firm’s Employment Practice Group. “Joe’s employment-specific experience will complement our highly sought-out class action practice and allow us to work hand-in-hand with clients facing increasingly complex employment issues and growing litigation risks.”

Joseph also routinely advises companies on discipline and termination decisions, leave laws, worker classification, wage payment laws and timekeeping and web accessibility for disabled individuals, among other issues. His practice spans a range of sectors including health, banking, finance, retail, manufacturing, hospitality and technology.

“The Employment Practice Group at McDermott has already demonstrated their depth and strength in the market, and I am excited to be a part of fueling that momentum,” Joseph explained. “Companies across every industry are confronting increasingly complex employment law matters, and McDermott has the unique combination of strategic focus, knowledge and litigation prowess – and personal passion on the part of its attorneys – to best advise them.”

Joseph received his BS from Marquette University and his JD from Pepperdine University School of Law.

In 2018 McDermott launched a stand-alone Employment Practice with the addition of over a dozen partners. The group now has a nationwide presence and positions the Firm as an industry leader with a focus on high-stakes employment litigation and overall protection of brand reputation through compliance. Most recently, the group added Daniel Doron in New York to focus on labor and employment aspects of M&A transactions.

McDermott Will & Emery partners with leaders around the world to fuel missions, knock down barriers and shape markets. With 20 locations on three continents, our team works seamlessly across practices, industries and geographies to deliver highly effective—and often unexpected—solutions that propel success. More than 1,100 lawyers strong, we bring our personal passion and legal prowess to bear in every matter for our clients and the people they serve.

Schulte Roth & Zabel (SRZ) is pleased to announce the election of Andrew J. Fadale and Kara A. Kuchar as partners. The firm also announces the promotion of Patrick Dundas, Derek N. Lacarrubba, Anthony Lombardi, Jason T. Mitchell, Lawrence P. Natke, Melissa J. Sandak and Lee Smith to special counsel. The promotions became effective on Jan. 1, 2019.

Mr. Fadale, Ms. Kuchar, Mr. Dundas, Mr. Lacarrubba, Mr. Natke and Ms. Sandak are resident in the firm’s New York office. Mr. Mitchell is in the Washington, DC office, and Mr. Lombardi and Mr. Smith are in the London office.

“We are delighted to recognize these talented lawyers. They have demonstrated market-leading expertise and a commitment to exceptional client service,” said Alan S. Waldenberg, chair of the firm’s Executive Committee.

Partners

Andrew J. Fadale, a partner in the M&A and Securities Group, practices primarily in the areas of mergers and acquisitions, leveraged buyouts, restructuring transactions and control and non-control investments. He also counsels clients in general corporate law matters. Mr. Fadale’s experience includes transactions across multiple industries and structures, including representing private equity buyers and sellers in connection with investments in the automotive, energy, financial services, manufacturing and consumer retail sectors. Mr. Fadale earned his J.D. from Washington and Lee University School of Law and his B.S. from University of Florida.

Kara A. Kuchar, a partner in the Bank Regulatory Group, concentrates her practice on the regulation of financial services providers, and specifically, the regulation of money services businesses, payment processors, virtual currency companies and fintech companies. She represents and advises leading money transmitters, payment processors and private equity firms in transactional and regulatory matters associated with payments products and services, including remittance transfers, prepaid access and internet- and mobile-based payment products and services. In addition, Ms. Kuchar has advised a number of non-bank financial service providers. She earned her J.D. from University of Connecticut School of Law and her B.A., with honors, from Trinity College.

Special Counsel

Patrick Dundas serves as the knowledge management (“KM”) special counsel for the Investment Management Group. In this role, Mr. Dundas collaborates with attorneys and firm business departments to establish and maintain systems and processes that enable the firm to provide prompt client service of the highest quality by harnessing the collective knowledge of the firm for the benefit of the firm’s clients. Mr. Dundas earned his J.D., cum laude, from Fordham University School of Law and his B.F.A., with honors, from New York University, Tisch School of the Arts.

Derek N. Lacarrubba, a special counsel in the Broker-Dealer Regulatory & Enforcement Group, advises broker-dealers and ATSs on SEC and SRO rules and represents them in regulatory investigations and enforcement actions. Drawing on his experience as an auditor, risk consultant and member of the in-house counsel team at a bulge bracket investment bank, Mr. Lacarrubba’s practice focuses on advising sell-side firms on equities trading and reporting practices. He also advises buy-side institutions with respect to marketplace rules, such as Regulation SHO and Regulation M. Mr. Lacarrubba earned his J.D. from University of Virginia School of Law and his B.S. from University of Delaware.

Anthony Lombardi, a special counsel in the Structured Finance & Derivatives Group, advises hedge fund, bank and other finance clients in connection with special situations, distressed investments, structured products, general corporate transactions and alternative finance transactions. His practice focuses on (i) finance transactions, including asset-backed finance, NAV-based facilities, capital call/subscription facilities and hybrid facilities; (ii) the purchase and sale of European, U.S. and emerging markets distressed assets, including bank debt and claims under the Loan Market Association secondary trading documents; and (iii) the structuring and negotiation of derivative transactions, including prime brokerage agreements. Mr. Lombardi earned his LPC from City University Inns of Court School of Law and his LL.B. from University of Sussex.

Jason T. Mitchell, a special counsel in the Litigation Group, focuses his practice in securities litigation matters, including investigations and enforcement actions by the SEC and other regulatory authorities and private securities litigation, on behalf of public and private companies, financial services industry clients, including funds and broker-dealers, and their directors, officers, managers and employees. He is also experienced in other complex commercial litigation matters, including false claims act litigation, bankruptcy-related litigation, and shareholders’ rights litigation. Mr. Mitchell earned his J.D. from New York University School of Law and his B.A. from Emory University, where he was Phi Beta Kappa.

Lawrence P. Natke, a special counsel in the M&A and Securities Group, practices primarily in the areas of mergers and acquisitions, alternative asset management transactional matters, leveraged buyouts and general corporate law matters. His experience includes transactions across multiple industries, including structuring control and non-control investments in alternative asset managers and representing private equity buyers and sellers in connection with investments in the financial services sectors. Mr. Natke earned his J.D. from the Georgetown University Law Center and his B.A. from the College of William & Mary.

Melissa J. Sandak, a special counsel in the Employment & Employee Benefits Group, focuses her practice on all aspects of ERISA and Internal Revenue Code compliance for pension, health and welfare plans, and the ERISA considerations for investors in private equity and hedge funds. Specifically, she advises clients on qualified plan design, administration and regulatory compliance. Ms. Sandak also counsels private equity and hedge funds with respect to the ERISA aspects of fund formation. She earned her LL.M. in taxation from New York University School of Law, her J.D. from Cornell Law School and her A.B., with honors, and her M.A. from Brown University.

Lee Smith, a special counsel in the Investment Management Group, focuses his practice on investment funds. He advises on the establishment, restructuring and management of hedge funds and hybrid funds and also provides general corporate and U.K. regulatory advice. Mr. Smith earned his LPC from BPP Law School and his LL.B. from the London School of Economics.

Schulte represented Priority Technology Holdings Inc. in a proposed exchange offer and related consent solicitation. Priority filed plans with the SEC to exchange newly issued shares of its common stock for its currently outstanding warrants. In addition, Priority is seeking consent from holders of the outstanding warrants to amend the warrant agreement. Priority is a leading provider of merchant acquiring and commercial payment solutions.

The Schulte team advising Priority Technology Holdings Inc. included mergers & acquisitions and securities associate Evan Berger, employment & employee benefits partner Ian Levin and associate Adam Gartner; bank regulatory special counsel Jessica Sklute; and former Schulte lawyer David Passey.

Schulte partners Robert Abrahams, Harry Davis and Robert Ward and associate Barbara Reid authored the “Provisional Remedies, Commercial Leasing and Document Discovery” chapter in the fourth edition of Commercial Litigation in New York State Courts, published by Thomson Reuters.

Commercial Litigation in New York State Courts features the work of 182 expert authors, including some of the best commercial litigators in New York. The authors discuss the interplay between rules of procedures and substantive law, outline strategies for representation of plaintiff and defendant and consider ramifications of various actions. Order a copy of the book.