Address: New York: One Bryant Park, Bank of America Tower, New York, NY 10036-6745
Areas of Focus: Capital Markets; Corporate; Corporate Governance; Mergers & Acquisitions; Shareholder Activism; Sustainability; Special Situations; Public Company Advisory
Biography: Kerry E. Berchem is a highly recognized transactional lawyer, strategic advisor and holistic problem solver. She has received the highest industry honors, including recognitions by Chambers and The Legal 500 , in which clients praised her as an “exceptional leader” and a “trusted counselor in all legal matters.” Kerry is also a named recipient of Lawdragon ’s 500 Leading Dealmakers in America, Crain’s Notable Women in the Law, Euromoney’s Women in Business Law’s Corporate Governance Lawyer of the Year, The Deal ’s Top Women Deal Makers – Activism, the New York Law Journal ’s Top Women in Law and New York Trailblazer, IFLR1000 US’s recognition in Capital Markets, M&A, and Private Equity, and Diversity Journal ’s – Women Worth Watching. As one of the most experienced corporate lawyers in the market, Kerry is frequently called upon to help clients develop strategies and see around corners in their most sophisticated transactions and consequential deals. With deep expertise that includes M&A, capital markets transactions and corporate governance to companies in all stages in a corporate life cycle, Kerry delivers bespoke solutions tailored to each client’s business objectives. Given her deep experience both as an advisor and a financial services firm leader, clients rely on her ability to provide market-sensitive commercial advice on a broad array of transactional, governance, disclosure, regulatory, strategic and operational matters. Kerry routinely handles: - Public, private and distressed M&A - Joint ventures - Roll-ups - Financial restructurings - Initial public offerings (IPOs) - Capital markets transactions and ongoing ’34 Act compliance - Tax and event-driven transactions - Corporate governance matters, including audit committee and special committee representations - Crisis management engagements. With a deep commitment to mentoring and leadership, Kerry also serves on the Harvard Law Governance Advisory Committee, Hypatia Women CEO Index advisory board and DirectWomen Class and Honoree committees. Hypatia is an asset manager focused on investing in women in leadership and DirectWomen works to increase the representation of women lawyers on corporate boards.
Representative Work: - MRC Global Inc. (NYSE: MRC) in its $1.5 billion all-stock sale to DNOW Inc. (NYSE: DNOW). - Special Committee of the Board of Directors of a Nasdaq-listed company in connection with related-party debt transactions and a term loan amendment. - Special Committee of the Board of Directors of a Nasdaq-listed company in connection with the company’s out-of-court recapitalization, including related-party debt issuances, convertible debt redemption and a back stopped registered common stock rights offering. - OTC-traded company in a commercial real estate joint venture, as well as related financing transactions comprised of common stock preferred stock issuances and a term loan. - NYSE-listed company in connection with its market check and proposed $1.2 billion sale to a private equity firm. - MRC Global Inc. in connection with its potential proxy contest and subsequent cooperation agreement appointing one of three proposed shareholder nominees to the company’s board of directors.
Credentials: Education: J.D., Tulane University Law School, 1991 (cum laude); B.A., Yale University, 1988 Bar Admissions: Connecticut, 1991; New York, 1992 Court Admissions: U.S. Supreme Court, 2020
Recognitions: - Lawdragon , 500 Leading Dealmakers in America, 2022 and 2024-2026. - The Legal 500 US , M&A, 2015–2021; Corporate Governance, 2021–2025; Shareholder activism: Advice to Shareholders, 2021–2022. - 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 , Capital Markets, M&A and Private Equity, 2019-2020. - The Legal 500 US, M&A, 2015-2021; Corporate Governance, 2021-2024; Shareholder Activism: Advice to Shareholders, 2021-2022. - Chambers USA, Corporate/M&A, 2006-2023. - New York Law Journal , New York Trailblazers, 2019. - Acritas, Acritas Star, 2019. - New York Law Journal, Top Women in Law, 2016. - Diversity Journal, Women Worth Watching, 2014. - The American Lawyer , 45 Under 45, Top Female Lawyers in Private Practice, 2011.
Affiliations: - DirectWomen Board Institute Alumnae, 2023. - DirectWomen, member of Class Committee and Honoree Committee, 2023-present. - Hypatia Capital WCEO ETF, member of Advisory Committee, 2025-present. - Harvard Law Governance, member of Advisory Committee, 2016-present. - New York City Bar Association, Mergers & Acquisitions Committee, former member. - Fairfield Connecticut Representative Town Meeting, former member. - Fairfield University St. Ignatius Leadership Residential College Mentor. - Yale Alumni Interviewer. - Volunteer, Pro Bono Partnership. - Neighborhood coordinator, Fairfield-Winton Park branch of PORCH Communities.
Insights: - SEC Proposes Regulation Crypto Assets: A Tailored Offering Framework for Crypto Investment Contracts (August 19, 2026): https://www.akingump.com/en/insights/alerts/sec-proposes-regulation-crypto-assets-a-tailored-offering-framework-for-crypto-investment-contracts - DExit: The Reincorporation Decision — A Guide for Investors (July 29, 2026): https://www.akingump.com/en/insights/articles/dexit-the-reincorporation-decision-a-guide-for-investors - Is It Time to DExit? A Guide for Boards (July 22, 2026): https://www.akingump.com/en/insights/articles/is-it-time-to-dexit-a-guide-for-boards - SEC Proposes Regulation E-Delivery: Electronic Delivery Would Become the Default (July 17, 2026): https://www.akingump.com/en/insights/alerts/sec-proposes-regulation-e-delivery-electronic-delivery-would-become-the-default - SEC Expands Availability of Five Business Day Tender and Exchange Offers (July 6, 2026): https://www.akingump.com/en/insights/alerts/sec-expands-availability-of-five-business-day-tender-and-exchange-offers - Akin Advises Energy Fuels in $725 Million Conditional Government Financing Commitment to Accelerate Growth in Critical Minerals (June 18, 2026): https://www.akingump.com/en/insights/press-releases/akin-advises-energy-fuels-in-dollar725-million-conditional-government-financing-commitment - SEC Proposes Reforms to Registered Offerings and Public Company Reporting (May 21, 2026): https://www.akingump.com/en/insights/alerts/sec-proposes-reforms-to-registered-offerings-and-public-company-reporting - SEC Proposes Optional Semiannual Reporting for Public Companies: What You Need to Know (May 6, 2026): https://www.akingump.com/en/insights/alerts/sec-proposes-optional-semiannual-reporting-for-public-companies-what-you-need-to-know - SEC Grants Relief Permitting Shortened Tender Offer Periods for Equity Securities (April 20, 2026): https://www.akingump.com/en/insights/alerts/sec-grants-relief-permitting-shortened-tender-offer-periods-for-equity-securities - SEC Adopts Final Rules Requiring Section 16(a) Reporting for Directors and Officers of FPIs, and Provides Exemptive Relief for FPI Directors and Officers in Qualifying Jurisdictions (March 12, 2026): https://www.akingump.com/en/insights/alerts/sec-adopts-final-rules-requiring-section-16a-reporting-for-directors-and-officers-of-foreign-private-issuers-fpis-and-provides-exemptive-relief-for-fpi-directors-and-officers - Does AI Care About Caremark? Applying the Core Principles of Corporate Governance to Artificial Intelligence Integration (March 11, 2026): https://www.akingump.com/en/insights/articles/does-ai-care-about-caremark-applying-the-core-principles-of-corporate-governance-to-artificial-intelligence-integration - Speaking Sustainability - Legal & Regulatory Updates - February 2026 (March 5, 2026): https://www.akingump.com/en/insights/blogs/speaking-sustainability/speaking-sustainability-legal-and-regulatory-updates-february-2026