Nathan G. Miller and Peter O’Malley’s proxy contest with Destination Maternity


Cadwalader led an effort in advising investors Nathan G. Miller and Peter O’Malley, collective holders of approximately 9% of Destination Maternity Corporation (Nasdaq: DEST), in their groundbreaking victory in a proxy contest with Destination Maternity.

After a months-long proxy fight, all four Investor nominees were elected to the Destination Maternity board at the company’s annual meeting of shareholders held in Moorestown, New Jersey on Wednesday, May 23. The Investors’ victory marked a rare achievement: replacing the entire board of directors at a company’s annual meeting. The proxy contest also marks the first time that a majority-female control slate nominated by a dissident shareholder was elected to a company’s board. The three female nominees elected to the board at the annual meeting signals a dramatic shift for the Destination Maternity board, which had previously had only three female directors in its entire twenty-five year history.

Destination Maternity Corporation designs, manufactures and retails maternity clothes. The Company operates a chain of maternity apparel stores throughout the United States. In 2017 Destination recorded $406 Million Revenues.

The Cadwalader team was led by Corporate partners Richard Brand (Picture) and Braden McCurrach and included associates Nathan Bryce, Christopher Porcelli, Janet Hsueh and Daniel Shiner; and Litigation partners Jason Halper, Ellen Holloman and Nathan Bull.

Involved fees earner: Richard Brand – Cadwalader Wickersham & Taft; Braden McCurrach – Cadwalader Wickersham & Taft; Jason Halper – Cadwalader Wickersham & Taft; Ellen Holloman – Cadwalader Wickersham & Taft; Nathan Bull – Cadwalader Wickersham & Taft; Nathan Bryce – Cadwalader Wickersham & Taft; Christopher Porcelli – Cadwalader Wickersham & Taft; Janet Hsueh – Cadwalader Wickersham & Taft; Daniel Shiner – Cadwalader Wickersham & Taft;

Law Firms: Cadwalader Wickersham & Taft;

Clients: Nathan G. Miller ; Peter O’Malley;

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Author: Ambrogio Visconti