Kleinberg Kaplans's Investor Activism Practice is devoted to helping concerned shareholders gain management's attention and unlock hidden value. Our experienced mergers and acquisitions attorneys, litigators and bankruptcy attorneys work with our clients to develop and implement strategies to achieve their goals, from the initial analysis of all available options through the conclusion of the activist campaign.
We represent clients across the full spectrum of approaches, from private discussions with management and the Board of Directors, through and including:

• Proxy contests
• Tender offers
• Litigation and bankruptcy proceedings
• Schedule 13D and Section 16 filings and compliance

Because of Kleinberg Kaplan's long history of representing funds and entrepreneurs rather than public companies, we can pursue investor activism without conflicts or institutional reservations. Our activist clients know that we will not be representing a public company in its defense against activist investors seeking to increase value or improve operations.

Among our recent noteworthy activist representations are:

• DellaCamera Capital Management in its ongoing campaign to unlock shareholder value in Enzon Pharmaceuticals, Inc., including by removing the CEO through a shareholder consent solicitation.  As a result of DellaCamera’s campaign, Enzon’s Board of Directors separated the roles of CEO and Chairman, appointed a new Chairman, and added a new independent member of the Board.
• Burlingame Asset Management, the largest independent stockholder of Everlast Worldwide Inc., in the public fight for control of Everlast. Initially part of the original purchasing group, Burlingame went on to support the winning bid.
• Elliott Associates, L.P. in a proxy contest resulting in the open-ending of The Salomon Brothers Fund, Inc., the oldest and largest closed-end fund in the Citigroup family of funds.
• Esopus Creek Advisors LLC in its successful campaign to block the off-price clothing retailer Syms’s attempt to de-list and de-register its shares; the shares have been re-listed and re-registered.  In addition, the firm is representing Esopus in its efforts to press the clothing retailer to evaluate its real estate assets for development or lease. Esopus, which owns 3.76% of Syms's common shares, has called for the company to conduct an independent appraisal of its owned real estate.
• Third Avenue Management in its unsolicited bid for Instinet's institutionalized brokerage business.
• The Bank of New York, as indenture trustee, and certain bondholders in a litigation against Bearing Point, Inc. resulting from Bearing Point's failure to file Forms 10K and 10Q with the indenture trustee. 
• Esopus Creek Value, LP and Black Horse Capital, New York-based hedge funds, in a suit against Metromedia International Group Inc., a Delaware corporation and its board. The hedge funds challenged Metromedia's efforts to sell the company's remaining assets without obtaining the consent of its common stockholders. Metromedia had planned to file for bankruptcy and quickly sell the assets to avoid Delaware's ban on such a sale.
• A substantial stockholder of Lexar Media, Inc. in opposing a planned merger with Micron Technology, Inc. resulting in a substantially improved offer.
• A large shareholder of ShopKo Stores, Inc. in opposing an announced sale transaction, eventually resulting in a substantially improved offer in which that shareholder participated in the acquiring bid.