The Eighth Annual Berkeley Spring Forum
on M&A and the Boardroom
Hosted by Ethan Klingsberg of Freshfields and
Steven Davidoff Solomon of the University of California, Berkeley
Conference Schedule
The conference agenda is below (all in Pacific Time):
Day 1
(All times Pacific)
The Berkeley Forum for M&A and the Boardroom Opens
Welcome Remarks
FTC Commissioner Noah Phillips on antitrust and M&A in 2022 and follow-up discussion
Noah Phillips, Commissioner Federal Trade Commission
Jan Rybnicek, Partner Freshfields
Video transcripts can be provided upon request. Please email [email protected]
Break
Fireside chat with UK Competition and Markets Authority (CMA) General Counsel, Sarah Cardell, on the CMA’s approach to M&A by U.S. tech and life sciences companies
Sarah Cardell, General Counsel Competition and Markets Authority (CMA), United Kingdom
Rod Carlton, Partner Freshfields
Video transcripts can be provided upon request. Please email [email protected]
Reactions to Commissioner Phillips and GC Cardell and discussion of the impact of antitrust on the startup and tech M&A ecosystem
Sarah Cardell, General Counsel Competition and Markets Authority (CMA), United Kingdom
Jeremiah Gordon, General Counsel & Chief Compliance Officer CapitalG
Kristen Limarzi, Partner Gibson Dunn
Jan Rybnicek, Partner Freshfields
Video transcripts can be provided upon request. Please email [email protected]
Break
Changing Impact of U.S. National Security Considerations on M&A, Joint Ventures, and Alliances — Featuring Current and Former U.S. National Security Personnel
Peter Harrell, Special Assistant to the President of the United States and Senior Director for International Economics and Competitiveness, National Security Council White House
Aimen Mir, Partner Freshfields
Frank Partnoy, Professor of Law University of California, Berkeley
Video transcripts can be provided upon request. Please email [email protected]
Break
SEC Commissioner Allison Lee, with former SEC Commissioner Robert Jackson, on disclosure and securities law issues for pre-IPO companies, followed by reactions from Silicon Valley insiders
Adam Eltoukhy, Vice President, General Counsel Samsara
Robert Jackson, Former Commissioner Securities and Exchange Commission
Scott James, General Counsel DCVC
Allison Lee, Commissioner Securities and Exchange Commission
Sarah Solum, Partner & Head of US Capital Markets Freshfields
Jen Yeh, Vice President, General Counsel Checkr
Video transcripts can be provided upon request. Please email [email protected]
Break
Fireside chat with the Honorable Lori Will, Vice Chancellor of the Delaware Court of Chancery, on troubling signs from recent M&A caselaw
Mary Eaton, Partner & Co-Head of Securities and Shareholder Litigation Freshfields
Honorable Lori W. Will, Vice Chancellor Delaware Court of Chancery
Video transcripts can be provided upon request. Please email [email protected]
Closing Remarks on Twitter, Poison Pills, and Deals in the Age of Social Media
Steven Davidoff Solomon, Professor University of California, Berkeley
Ethan Klingsberg, Partner & Co-Head of US Corporate/M&A Freshfields
Video transcripts can be provided upon request. Please email [email protected]
Cocktail Reception
Speakers

Sarah Cardell
General Counsel
Competition and Markets Authority (CMA), United Kingdom

Sarah Cardell
General Counsel
Competition and Markets Authority (CMA), United Kingdom

Rod Carlton
Partner
Freshfields

Rod Carlton
Partner
Freshfields

Georgia Dawson
Senior Partner
Freshfields

Georgia Dawson
Senior Partner
Freshfields

Mary Eaton
Partner & Co-Head of Securities and Shareholder Litigation
Freshfields
Mary Eaton has extensive experience in complex commercial litigation, with a focus on securities class actions, shareholder derivative claims and other complex business disputes. Mary regularly represents issuers, boards of directors, board committees and senior management across a broad spectrum of industries (including technology, financial services, private equity and asset management) in a wide variety of disputes in federal and state courts across the country. In addition to her substantial trial experience, Mary regularly counsels clients on litigation avoidance and corporate governance matters. Among her many accolades, Mary is perennially ranked among leading litigators by Chambers USA, Benchmark Litigation, Lawdragon, Crain’s New York Business, Legal 500 US and Best Lawyers in America. In 2019, the American Bar Association awarded Mary the Stonewall Award for her contributions to the advancement of LGBT individuals and issues.

Adam Eltoukhy
Vice President, General Counsel
Samsara

Adam Eltoukhy
Vice President, General Counsel
Samsara

Jeremiah Gordon
General Counsel & Chief Compliance Officer
CapitalG

Jeremiah Gordon
General Counsel & Chief Compliance Officer
CapitalG

Peter Harrell
Special Assistant to the President of the United States and Senior Director for International Economics and Competitiveness, National Security Council
White House

Peter Harrell
Special Assistant to the President of the United States and Senior Director for International Economics and Competitiveness, National Security Council
White House

Robert Jackson
Former Commissioner
Securities and Exchange Commission

Robert Jackson
Former Commissioner
Securities and Exchange Commission

Scott James
General Counsel
DCVC

Scott James
General Counsel
DCVC

Ethan Klingsberg
Partner & Co-Head of US Corporate/M&A
Freshfields
Ethan Klingsberg, as co-head of Freshfields’ US Corporate and M&A group, has a practice that focuses on public company boards of directors, corporate law, M&A and SEC matters. He leads a spectrum of strategic projects for clients in the Bay Area, many of whom have been working continuously with Ethan for over two decades. Indeed, he co-founded the Berkeley Law Spring Forum on M&A and the Boardroom eleven years ago, and continues to curate this event, to ensure these clients receive the most up to date insights and value-additive information available. Ranked Band 1 for Corporate/M&A by both Chambers USA and Chambers Global, Ethan has received the Burton Award for Legal Achievement for writing on fiduciary duties, was named a “top 10 innovative lawyer” for North America by the Financial Times, has been elected by peers at other firms to be a Fellow of the American College of Governance Counsel, and named a “BTI Client Service All-Star” based on the survey of general counsels of the Fortune 1000, a Law360 M&A “MVP,” a “Legend” by Lawdragon, and “Dealmaker of the Year” by the American Lawyer. A regular guest on BloombergTV and CNBC to discuss M&A, governance, shareholder activism, the SEC, and board processes, his essays on corporate law topics have appeared in The Financial Times, Reuters Breaking Views, MarketWatch, The New York Law Journal, and the Harvard Law School Forum on Corporate Governance. He is grateful to the amazing teams at Berkeley and Freshfields that make this event a stand-out.

Allison Lee
Commissioner
Securities and Exchange Commission

Allison Lee
Commissioner
Securities and Exchange Commission

Kristen Limarzi
Partner
Gibson Dunn

Kristen Limarzi
Partner
Gibson Dunn

Aimen Mir
Partner
Freshfields

Aimen Mir
Partner
Freshfields

Frank Partnoy
Professor of Law
University of California, Berkeley
Professor of Law, University of California, Berkeley Frank Partnoy is the Adrian A. Kragen Professor Law at the UC Berkeley School of Law and Affiliated Faculty at the Berkeley Haas School of Business and the Simons Institute for the Theory of Computing. He has written several books, dozens of scholarly articles, and more than fifty opinion pieces in The New York Times and the Financial Times. Partnoy has appeared on 60 Minutes and The Daily Show with Jon Stewart, and has testified before both houses of Congress. He has been an international research fellow at Oxford since 2010, and is a graduate of Yale Law School.

Noah Phillips
Commissioner
Federal Trade Commission

Noah Phillips
Commissioner
Federal Trade Commission

Jan Rybnicek
Partner
Freshfields

Jan Rybnicek
Partner
Freshfields

Steven Davidoff Solomon
Professor
University of California, Berkeley

Steven Davidoff Solomon
Professor
University of California, Berkeley

Sarah Solum
Partner & Head of US Capital Markets
Freshfields

Honorable Lori W. Will
Vice Chancellor
Delaware Court of Chancery
The Honorable Lori W. Will was sworn in as a Vice Chancellor of the Court of Chancery in May 2021.
She was previously a partner at Wilson Sonsini Goodrich & Rosati, P.C. and a senior associate at Skadden, Arps, Slate, Meagher & Flom LLP. She served as a law clerk to then-Vice Chancellor Leo E. Strine, Jr.
Vice Chancellor Will received her B.A. summa cum laude in both History and Government & Law from Lafayette College, her J.D. from the University of Pennsylvania Law School, and a graduate Certificate in Business and Public Policy from the Wharton School. She is a member of the American Law Institute and the American Bar Association.
Vice Chancellor Will is an Adjunct Professor of Law at NYU School of Law and at the University of Pennsylvania Law School. She is also a Lecturer at the University of Chicago Law School and a Visiting Professor at the The University of California, Berkeley, School of Law.

Jen Yeh
Vice President, General Counsel
Checkr

Jen Yeh
Vice President, General Counsel
Checkr