Todd FogartySenior Vice President
He provides clients with counsel and hands-on execution to achieve important business goals and address challenges. He has significant experience in the Alternative Investments industry.
Todd has more than 25 years of experience providing communications counsel and execution support to public companies and private institutions, enabling them to achieve important strategic goals and address challenges. He also has significant experience working in Kekst CNC’s Alternative Investments group, which today serves more than 60 clients across range of strategies, geographies, business and communications objectives. Todd works directly with a number of leading Private Equity firms and hedge funds.
He supports clients in the areas of corporate and executive positioning, media and investor relations, and crisis communications and critical disclosures. He also has deep experience in working with clients in the context of special situations including M&A, shareholder activism and corporate governance matters, and litigation and regulatory actions.
Many of Todd’s client relationships extend more than a decade.
He holds a BA in History, with a focus on China, from Brown University, and also studied at The Chinese University of Hong Kong and Yale-China Chinese Language Centre.
Recent and Notable Representative Experience
Strategic Counsel and Financial Communications
- Todd supports in the development and execution of strategic communications plans and investor relations activities of corporate clients. This includes around quarterly reporting and financial disclosures, investor days, management succession and leadership changes, and spinoffs and other restructurings.
- Current and past corporate client work has ranged from Fortune 500 companies to newly established companies, including spinouts and IPOs.
- Todd has advised corporate and Private Equity clients on more than 200 transactions, including many of the largest and most complex mergers and acquisitions and go-private transactions in the past 25 years. Recent examples include: Dell in its sale to Michael Dell and Silver Lake Partners for more than $24 billion, as well as Dell’s prior acquisitions of Perot Systems and Compellent, and its bid for 3PAR; Corning Incorporated in the strategic realignment of its ownership interest in Dow Corning Corporation, as well as numerous other transactions; EMC Corporation in its $67 billion sale to Dell and Silver Lake, as well as the acquisitions by EMC of Data Domain and Isilon Systems; Baxalta in addressing Shire plc’s unsolicited offer for the global biopharmaceutical company (and recent spinoff from Baxter), resulting in a $32 billion sale; PPL Corp. in its spinoff of its merchant generation business, Talen Energy, as an independent, publicly listed company; the blank check companies Boulevard Acquisition Corp II in the combination with Brazil’s Estre Ambiental S.A. to form and list publicly the largest waste management company in Latin America, and Boulevard Acquisition Corp. in the carve out of the AgroFresh business unit of Dow Chemical as an independent company; Genzyme Corporation in its response to the unsolicited offer by Sanofi-Aventis and ultimate acquisition for more than $20 billion; and Quest Diagnostics in support of more than a dozen acquisitions and divestitures.
- He has also supported numerous Private Equity firm clients on dozens of investments and portfolio company realizations.
Shareholder Activism and Corporate Governance
- Todd has provided counsel on shareholder activism and corporate governance to a diverse range of major corporations – from extensive planning and simulation sessions to full-fledged proxy contests.
- While much of this work has not been public, recent visible activist-related matters have included Progress Software (Praesidium), PulteGroup (William Pulte, Elliott), Zoetis (Pershing Square), EMC Corporation (Elliott), Dell (Carl Icahn), Genzyme Corporation (Carl Icahn, Relational), MSCI (ValueAct), JDA Software (Praesidium), Legg Mason (Trian) and Biogen (Carl Icahn 2x).
- Todd supports the strategic communications initiatives and media relations of Private Equity firms, including: Apax Partners, a leading global Private Equity firm, on dozens of acquisitions and subsequent realizations in North America, as well as around a range of portfolio company matters; Accel-KKR, a leading technology-focused Private Equity firm, on numerous investments and realizations; Lexington Partners, the largest independent manager of secondary acquisition and co-investment funds, on a range of communications matters; Palladium Equity Partners, a leading middle-market Private Equity firm, in support of more than a dozen acquisitions and realizations; and Welsh, Carson, Anderson & Stowe, a Private Equity firm focused on technology and healthcare.
- He supports the strategic communications initiatives and media relations of a number of leading hedge funds and family offices, including: Avenue Capital Group, MSD Capital, Strategic Value Partners, Highfields Capital Management, and a global investment firm with more than $50 billion in investment capital.
- Todd led Kekst CNC’s rebranding of 100 Women in Hedge Funds to 100 Women in Finance to reflect the organization’s evolution and direction as a global network of professionals in the finance and alternative investment industries.
Crisis and Issues Management
- Worked with companies in managing the communications related to a variety of special situations, including litigation and regulatory actions, workplace misconduct, advocacy group activity, union issues, among others.
- Supported a significant number of clients around data breaches and other cybersecurity-related events over the past several years.
- Represented a major software company on a number of governance and regulatory matters, including around a government investigation of the company’s accounting practices, the subsequent settlement and DPA, and restoration of the organization’s reputation under a new leadership team.
- Counseled a leading global biotechnology company in its voluntary withdrawal of a major drug from the market, and the reintroduction of the product to the market a year later.