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 Berkeley Law
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 co-heads Freshfields’ US Corporate/M&A practice. He’s one of the most prolific corporate lawyers in the country, heading up market-leading projects from coast to coast in all sectors and for companies of all sizes. Every guide regularly recognizes him as a leading corporate lawyer, and he’s received numerous MVP, All-Star, Legend, and Dealmaker accolades. He often appears on BloombergTV and CNBC to discuss M&A, governance, shareholder activism, the SEC, and board processes, and publishes essays on corporate law topics in The Financial Times, Reuters Breaking Views, MarketWatch, The New York Law Journal, and Harvard Law School Forum on Corporate Governance. Ethan has been elected by his colleagues at other firms as a Fellow of the American College of Governance Counsel and received the Burton Award for Legal Achievement for his writing on fiduciary duties. He co-founded the Berkeley Law Spring Forum on M&A and the Boardroom ten years ago and has co-hosted the event every year since then. He is very 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
Berkeley Law
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