Schulte represents JANA Partners in settling Freshpet proxy contest | McDermott

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Schulte represents JANA Partners in settling Freshpet proxy contest

August 24, 2023

Read time: 3 min

Schulte Roth & Zabel represented JANA Partners in resolving its proxy contest with Freshpet, Inc. through the company agreeing to appoint two new directors to its Board.

Freshpet appointed JANA nominee Timothy McLevish and Joseph Scalzo to its board, effective immediately, increasing the board’s size from ten to twelve directors.

JANA and Freshpet entered into a cooperation agreement after a months-long battle with the company including litigation in Delaware Chancery Court surrounding Freshpet reconstituting its staggered board and moving up its annual meeting date.

The Schulte team was led by partner Ele Klein, co-chair of the Global Shareholder Activism Group and co-chair of the M&A and Securities Group, associates Daniel Goldstein, Vera Lee and Abraham Schwartz, and law clerk Julia Cummings. The Schulte litigation team was led by partner and co-chair of the Litigation Group Michael Swartz, partner Julia Beskin and associate Tara Lederer.

Ele Klein

Partner

New York – 919 Third Avenue

Daniel A. Goldstein

Counsel

New York – 919 Third Avenue

Abraham Schwartz

Partner

New York – 919 Third Avenue

Julia Beskin

Partner

New York – 919 Third Avenue

Tara S. Lederer

Associate

New York – 919 Third Avenue

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