Jared Fertman is a partner in the Corporate & Financial Services Department of Willkie Farr & Gallagher LLP in New York. Jared focuses his practice on mergers and acquisitions, private equity, venture capital and other complex corporate transactions. Jared regularly represents investors and corporations in connection with activist and governance matters, and has significant experience in restructurings, joint ventures and family office transactions.
Chambers USA (2022) ranks Jared among the leading individuals practicing Corporate/M&A: Shareholder Activism in New York.
Prior to joining Willkie, Jared clerked for the Hon. Legrome D. Davis of the United States District Court in Philadelphia.
In the area of mergers and acquisitions, private equity, venture capital, family office and similar matters, Jared has represented:
- Innoviva in the sale of its stake in Theravance Respiratory Company LLC to Royalty Pharma plc, and the transfer of certain ownership interests of Theravance to Innoviva
- Innoviva Inc. in its acquisition of La Jolla Pharmaceutical Company
- Innoviva Inc. in its take-private of Entasis Therapeutics
- Citizens Financial Group, Inc. in its acquisition of private investment banking firm DH Capital LLC.
- Innoviva in its repurchase of an equity stake from GSK for $392 million
- Sarissa Capital in a settlement with Alkermes, pursuant to which Sarissa Capital was granted the right to designate a director to the company's Board of Directors
- Akorn Pharmaceuticals in the sale of its consumer health business to Prestige Consumer Healthcare
- Innoviva Inc. in connection with its control investments in Armata Pharmaceuticals and Entasis Therapeutics
- Aegerion Pharmaceuticals, Inc., a wholly owned subsidiary of Novelion Therapeutics, in its recapitalization, whereby Amryt Pharma Plc agreed to acquire 100% of Aegerion’s reorganized stock
- Sarissa Capital Acquisition Corp. in its $200 million SPAC initial public offering
- Colony Capital, Inc. in its $5.9 billion agreement to sell Colony Industrial, the industrial real estate assets and affiliated industrial operating platform of Colony Capital, to Blackstone
- Sarissa Capital Management, the largest shareholder of ARIAD Pharmaceuticals, in connection with ARIAD’s agreement to be acquired by Takeda Pharmaceutical Company Limited for approximately $5.2 billion
- Carrix in a growth-oriented investment by Blackstone Infrastructure Partners
- Bold Rock Cidery, the second largest cider brand in the U.S., in connection with its sale to Artisanal Brewing Ventures
- Resideo Inc. in connection with several acquisitions of companies and technology assets following its spin-off from Honeywell
- CMA CGM in the sale to affiliates of EQT Partners of a 90 percent stake in APL Limited, whose wholly owned subsidiary, Eagle Marine Services, Ltd., operates Global Gateway South, a leading container terminal in the Port of Los Angeles
- Deutsche Bank Asset Management in the sale of its US Private Equity Access Fund Platform to iCapital Network
- Access Industries in connection with its acquisition, along with affiliates of Apollo Global Management, LLC and Riverstone Holdings, LLC, of all of the exploration and production assets of El Paso Corporation for approximately $7.15 billion
- Access Industries in connection with its minority investment in, and subsequent acquisition of, the Israeli conglomerate Clal Industries in a transaction valuing Clal at NIS 2.55 billion
- Access Industries in connection with its venture capital investments in: Alibaba, Square, TangoMe, Loxo Oncology, Snapchat, Digital Ocean, Opendoor, Yelp and 58.com
- Access Industries in connection with its acquisition and development of the Faena District, which includes two hotels, two residential towers, an arts forum, parking and retail space stretching six blocks in Miami Beach, Florida
- Access Industries and affiliates of Christopher Burch in connection with their equity position in Tory Burch LLC
- Warburg Pincus in connection with numerous transactions including: the leveraged buyout of Total Safety, the investment in Protox Therapeutics, the recapitalization of Builders FirstSource, the sale of a minority interest in Netlogic Microsystems, the acquisition of Multi-View, Inc., the sale of a controlling interest in Chart-One Inc. and the related spinout of eWebhealth Inc., and the acquisition of Adlens Beacon
Jared is a key member of Willkie’s activist practice. He has recently represented a number of prominent activist investors in several high-profile activist campaigns and counsels corporations assessing activist defenses. Jared has represented:
- Ric Kayne, the founder of Kayne Anderson, in connection with his proxy contest to elect two directors to the Board of Athira Pharma
- Third Point LLC in connection with its shareholder engagement at Intel Corp
- The independent members of the Board of Directors of Xerox Holdings Corporation in the tender offer and related proxy contest to acquire control of HP Inc.
- Xerox Holdings Corporation in the negotiation and execution of Nomination and Standstill Agreements with Carl Icahn and Darwin Deason
- New Mountain Vantage in its proxy contest and settlement agreement with Virtusa Corporation
- Vintage Capital Management in connection with its threatened proxy contests and settlements with Red Robin Gourmet Burgers and KVH Industries
- Argo Group in its defense of the proxy fight with Voce Capital
- Third Point in connection with its proxy contest and settlement agreement with Campbell Soup Company
- Icahn Enterprises and Carl Icahn in the proxy contest with SandRidge Energy in opposition to the now terminated combination with Bonanza Creek, and later in connection with Icahn’s proxy context for control of board of directors of SandRidge
- Sarissa Capital in connection with a variety activist matters including the proxy contest and related litigation with Innoviva Inc.
Jared has represented the following parties in restructuring matters:
- Aegerion Pharmaceuticals in its pending strategic review, including in connection with its $72 million secured financings with affiliates of Highbridge Capital and Athyrium Capital
- Total Safety U.S., Inc. in connection with its out-of-court-restructuring
- Access Industries in connection with the restructuring of Boomerang Tube
- Spheris Inc. in connection with its chapter 11 bankruptcy and section 363 sale
- Platinum Equity and other bondholders in connection with an out-of-court debt-to-equity exchange by Keystone Automotive
In the area of joint ventures, Jared has represented:
- Carrix Inc. in connection with the joint venture to operate ports in Charleston, South Carolina and Savannah, Georgia
- Carrix Inc. in connection with the development of a liquid hydrocarbon facility in Tuxpan Mexico with affiliates of KKR
- Carrix Inc. in connection with its joint venture with NYK and Matson in the Port of Oakland
- Carrix, Inc. in connection with the proposed development of the Gateway Pacific Terminal
- AREA Property Partners in connection with the investment by, and joint venture with, the National Bank of Australia
Following law school, Jared clerked for the Honorable Legrome D. Davis in the United States District Court for the Eastern District of Pennsylvania. Jared was an associate at Willkie from 2007 until 2011. Prior to rejoining Willkie in 2017, he was the vice president and associate general counsel of Access Industries, Inc., the international industrial holding company and family office founded by Len Blavatnik.