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Simpson Thacher Secures Win for KSL Capital Partners in Merger-Related Dispute

11.08.23

On November 2, 2023, Simpson Thacher secured a win for Firm client KSL Capital Partners (“KSL”) in a dispute involving KSL’s announced acquisition of Hersha Hospitality Trust (“Hersha”), which is valued at approximately $1.4 billion. On October 18, 2023, Plaintiff Robert Garfield filed a motion for a preliminary injunction to adjourn a meeting of Hersha shareholders until certain disclosures were disseminated to shareholders in relation to the merger announced on August 28, 2023. In their Opposition, Defendants argued that the Plaintiff’s “tell-me-a-little-bit-more” disclosure claims were meritless, Garfield failed to show irreparable harm, and that there was an adequate remedy at law. On October 30, 2023, oral argument was held where Steve Blake presented KSL’s arguments. On November 2, 2023, Hon. Joseph A. Smyth of Montgomery County, Pennsylvania state court denied Plaintiff’s motion for a preliminary injunction on two separate grounds: that Plaintiff was not likely to prevail on the merits and that Plaintiff has an adequate remedy at law.

The Simpson Thacher team included Steve Blake and Nicholas Orr.