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.