FacultyFaculty/Author Profile

Yosef Riemer

Kirkland & Ellis LLP
Share Partner
New York, NY, USA


Yosef Riemer is a senior litigation partner at Kirkland & Ellis LLP and heads the Firm’s M&A litigation practice. He has a wealth of experience in defending cases in which class action lawyers assert breach of fiduciary duty and similar claims and litigates such matters most often in Delaware Chancery Court (where he has been handling cases since 1987). He frequently represents private equity firms and other financial sponsors, public companies, boards of directors, special committees, individual directors and financial advisors in matters concerning M&A transactions and corporate control matters. In addition, he represents a broad group of clients in other significant disputes including securities fraud litigation, breach of contract claims, antitrust claims, and contested restructuring matters. He has achieved consistently strong results, whether by winning litigation on pretrial motions, in victories at trial in Delaware Chancery Court, numerous other state courts and federal courts, before arbitrators or in negotiating favorable settlements.

Representative Matters

  • In re Tibco Software, Inc. Stockholders Litigation (Del. Ch. Ct.): Represent Vista Equity Partners in class action premised on allegation that parties to going private litigation relied on incorrect share count in negotiating going private transaction. Plaintiffs’ preliminary injunction motion denied in 57-page ruling before closing.
  • ACP Master Ltd. v. Sprint Nextel Co. (Del. Ch. Ct.): Represent Clearwire Corp. and members of its Board in pending litigation over challenges to 2013 transaction by which Sprint acquired Clearwire.
  • In re Sauer-Danfoss Inc. Shareholder Litigation (Del. Ch. Ct.): Represent Special Committee of Sauer Danfoss Board in pending case before concerning challenges to transaction by which Sauer Danfoss’ majority stockholder acquired remainder of its stock.
  • The Men’s Warehouse Inc. v. Robert Wildrick (Del. Ch. Ct.): Represented Owner of Eddie Bauer in expedited litigation concerning then pending sale of Eddie Bauer to Jos. A. Bank. Litigation dismissed after The Men’s Warehouse increased price in its tender offer for Jos. A. Bank and Jos. A. Bank paid Eddie Bauer’s owners $48 million to exercise fiduciary-out clause.
  • Merion Capital L.P. v. BMC Software Inc. (Del. Ch. Ct.): Represent BMC Software (and its owners, Bain Capital and Golden Gate Capital) in largest appraisal case ever brought by a single stockholder in Delaware Chancery Court. Plaintiff Merion Capital is seeking appraisal on shares it purchased for $350 million immediately before closing of going private transaction.
  • In re Honeywell International Inc. Derivative Litigation (Del. Ch. Ct.): Represented Honeywell and its Board in obtaining dismissal of derivative action asserting that senior management was awarded options beyond level permitted by Incentive Plan approved by stockholders.
  • In re Ancestry.com Shareholder Litigation (Del. Ch. Ct.): Represented largest stockholder in Ancestry.com and its two appointees to Ancestry.com Board in challenge to sale of Ancestry.com to Permira. Motion to dismiss in favor of clients granted.

Education

George Washington University, J.D., 1984

  • summa cum laude
  • Member, George Washington Law Review
  • First place, Jessup Moot Court competition

Brandeis University, B.A., 1978

  • cum laude

 

Admissions & Qualifications

1995, New York

1985, District of Columbia 1985, Maryland

Other Distinctions

Recognized in The Legal 500 U.S. for M&A: Litigation and Securities: Shareholding Litigation 2012 and 2013 editions

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