Kerry E. Berchem

Partner

Areas of Focus

Kerry E. Berchem

Partner

kberchem@akingump.com

Areas of Focus

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Biography
  • Advises on M&A, capital markets transactions and corporate governance matters.
  • Go-to advisor to post-restructured public and private companies and on event-driven transactions.
  • Co-leader of the firm’s ESG group,  corporate governance and shareholder activism group, and a member of the firm’s management committee. From 2008 to 2018, led Akin’s corporate practice.

Kerry Berchem is a highly recognized corporate transactional partner, with more than three decades of experience in public and private merger and acquisitions (M&A) and capital markets transactions. In addition to advising on complex, multibillion dollar deals, Kerry serves as a trusted advisor to and is called upon by boards of directors and special committees on a broad array of corporate governance and takeover defense matters. She has a bespoke practice working with companies following a restructuring, both out of court or through chapter 11, and developing and executing on innovative deal structures specific to post-restructured companies. Clients rely on her judgment and business acumen to manage risk, solve problems and create value.

She routinely handles:

  • Mergers and acquisitions
  • Capital markets transactions and ongoing ’34 Act compliance
  • Corporate governance matters, including audit committee and special committee representations, and
  • Crisis management engagements.

Kerry is a co-leader of Akin’s corporate governance and activism group, as well as its environmental, social and corporate governance (ESG) group.  She advises companies on governance structures and best practices, including the formulation and implementation of ESG strategy.  Kerry frequently writes and speaks about matters of corporate governance, ESG and board diversity.  In January 2021, on behalf of the firm, she authored an SEC comment letter in support of the Nasdaq Diversity Proposal, which was cited in the SEC’s approval order.

Representative Work
  • Starboard Value Acquisition Corp. (Nasdaq: SVAC), a SPAC, in its $3.4 billion merger with Cyxtera Technologies, Inc., a global leader in mission-critical retail colocation and interconnection services.
  • U.S. Shipping Corp (USSC) in its acquisition by SEACOR Holdings Inc. USSC was a privately owned, leading provider of long-haul marine transportation for chemical and petroleum cargoes in the U.S. coastwise trade, operating under the Jones Act.
  • U.S. Concrete, Inc. (Nasdaq: USCR) in connection with a buy-and-build strategy involving nearly two-dozen completed strategic M&A transactions, board governance matters and $1.3 billion merger with Vulcan Materials.
  • 890 5th Avenue Partners, Inc., a tech, media and telecom SPAC, in its merger with BuzzFeed, the leading tech-powered media company for digital content and commerce for millennial and Gen Z audiences.
  • Nasdaq-listed reinsurance company in connection with its formation and capitalization, initial public offering and concurrent private placement, multiple financings, board governance matters and  strategic alternatives review.
  • Private cryptocurrency company in connection with a joint venture agreement, preferred stock acquisition and strategic alternatives review.
  • Private company in connection with a $1.1 billion receivable portfolio acquisition and related financing matters, as well as its subsequent strategic review and controlling shareholder matters.
  • Verso Corporation (NYSE:VRS), a leading North American producer of specialty and graphic papers, packaging and pulp, in a three-year comprehensive strategic alternatives review culminated in a $400 million sale of two of its mills to Pixelle Specialty Solutions.
  • Nasdaq-listed reinsurance company in connection with its formation and capitalization, initial public offering and concurrent private placement, multiple financings and recent strategic alternatives review.
  • WMIH Corp. (Nasdaq: WMIH), in connection with its Series A preferred stock issuance, Series B preferred stock issuance and refinancing, and $3.8 billion merger with Nationstar Mortgage
  • Nasdaq-listed reinsurance company in connection with its formation, private placement and capitalization, initial public offering, Securities and Exchange Commission (SEC) compliance and its $3 billion merger, including responding to a competing tender offer and proxy contest.
  • Nasdaq-listed reinsurance company in connection with its $3.1 billion merger with a public reinsurance company.

Kerry has also advised multiple public company board of directors and committees in connection with corporate governance matters, including the preparation for, and defense and settlement of, hostile proxy contests and financial restatements.

"She's hands-on, thoughtful and exceedingly diligent in terms of making sure she knows every aspect that could have an impact."
Chambers USA, 2020

Education
  • J.D., Tulane University Law School, cum laude, 1991

  • B.A., Yale University, 1988

Bar Admissions
  • Connecticut

  • New York

Recognitions
  • Lawdragon, 500 Leading Dealmakers in America, 2022 and 2024.
  • Euromoney, Women in Business Law - Corporate Governance Lawyer of the Year, 2021.
  • The Deal, Top Women Dealmakers – Activism, 2021.
  • Crain’s New York, Notable Women in Law, 2021.
  • IFLR1000 US– Notable Practitioner in Capital Markets, M&A and Private Equity, 2019 to 2020.
  • The Legal 500 US – M&A, 2015 to 2021; Corporate Governance, 2021-2023; Shareholder activism: Advice to Shareholders, 2021-2022.
  • Chambers USA as a leading lawyer in the area of corporate/M&A, 2006 to 2023.
  • New York Law Journal, New York Trailblazers, 2019.
  • Acritas, Acritas Star, 2019.
  • Named one of New York Law Journal’s “Top Women in Law,” which recognizes those “making strides to push the legal profession forward for women,” 2016.
  • Recipient of Diversity Journal’s 13th Annual “Women Worth Watching” award, 2014.
  • Named to the American Lawyer’s “45 Under 45” list, recognizing the top female lawyers in private practice, 2011.
Affiliations and Public Service
  • DirectWomen Board Institute Alumnae, 2023.
  • Member, New York City Bar Association, Mergers & Acquisitions Committee.
  • Former member, Fairfield Connecticut Representative Town Meeting.
  • Fairfield University St. Ignatius Leadership Residential College Mentor.
  • Yale Alumni Interviewer.
  • Volunteer for the Pro Bono Partnership.
  • Neighborhood coordinator for the Fairfield-Winton Park branch of PORCH Communities.
Speeches and Publications
  • Panelist, “Transformative Leadership & Trust,” Women Corporate Directors’ Global Institute & Visionary Awards Celebration, September 2022.
  • Moderator, General Counsel track, Corporate Board Member Mid-Cap Board Committee Peer Exchange.
  • Using Evaluations to Enhance Board Effectiveness, Annual Corporate Board Member Boardroom Summit.

Insights and Achievements

    Blog | Speaking Sustainability

    March 12, 2024

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        Blog | Speaking Sustainability

        March 5, 2024

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          Blog | Speaking Sustainability

          March 12, 2024

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              Blog | Speaking Sustainability

              March 5, 2024

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