As advisors to both companies and investors, we have a 360-degree perspective on transactions in which private equity funds engage, and we have practical and efficient solutions at the ready. We understand the importance of deal flow to investors and companies’ needs for access to capital, and we often facilitate networking and introductions between businesses and capital sources.
Our clients include top-tier private equity firms, lenders and portfolio companies, fund sponsors and fund investors, investment and merchant banks, financial institutions, and established and growth-stage domestic and international companies. We regularly advise domestic clients on doing business abroad, as well as international companies and funds in making investments in U.S.-based companies.
Private Equity Transactions
Our lawyers routinely advise clients on every type and aspect of private equity transactions, including:
- Investment and exit transactions
- Platform acquisitions
- Follow-on investments
- Exit transactions by sale, recapitalization or public offering
- Restructuring investments
- Spin-offs and roll-ups
- Joint ventures and distribution arrangements
- Co-investments
- Complex preferred stock structures
- Corporate reorganizations
- Employment agreements and incentive equity plans
- Fiduciary duties of directors and controlling shareholders
- Recapitalizations, including dividend recapitalizations
Our private equity team adeptly navigates all capitalization and financing concerns and contingent payments, indemnification and other contractual liabilities, 409A valuations, tax structuring and compliance, regulatory compliance, litigations and threatened claims, management employment agreements and incentive plans, intellectual property ownership and licensing issues, and technology and cyber issues.
By utilizing our resources across practice areas, including Mergers & Acquisitions, Executive Compensation & Employee Benefits, ERISA, Labor & Employment, Estate Planning, Technology, Data & IP, Commercial Lending & Finance, Tax, Real Estate and Business Litigation, we can identify, evaluate and negotiate around key areas of concern related to private equity investors’ transactions.
Our lawyers’ substantial experience in major industries such as Retail & Consumer Products, Health & Wellness, Hospitality and Industrial & Manufacturing, as well as high-growth sectors, including AI, Digital Assets and Technology, provides us with invaluable market knowledge and a deeper understanding of the business climate impacting our clients.
Add-on Acquisitions
We are particularly proficient in running add-on acquisition programs for PE-owned portfolio companies, having closed 200+ such acquisitions in the past three years across a wide variety of our clients’ platforms. Our understanding of what matters most to private equity clients, coupled with our practical, common-sense approach, allows us to guide our clients to closing efficiently and effectively, no matter the seller’s experience level.
Co-Investments
Our team regularly advises limited partners in PE funds and other co-investors on structuring co-investment vehicles and negotiating the terms of co-investments. We also advise funds and family offices on co-investments in PE-backed portfolio companies and counsel private equity sponsors on the syndication of investment interests.
Fund & Fundless Sponsor Formation
In addition to advising our clients in transactional work, we regularly represent private equity firms and fundless sponsors in the formation of their funds and investment vehicles. Our understanding of fund structures, fund governance, investment limitations, regulatory requirements and tax issues for funds and fund investors gives us important insights into structuring and negotiating investments. We utilize a cross-disciplined approach to due diligence, structuring, negotiating and closing transactions so that all fund and investment considerations are addressed.
Clients
- AEA Investors
- Astra Capital Management
- Atlantic Street Capital
- Broad Sky Partners
- Goldman Sachs Private Equity Group
- Great Point Partners
- Highpost Partners
- J.H. Whitney Capital Partners
- J.P. Morgan Asset Management
- North Castle Partners
- Snapdragon Capital Partners
- Stone Point Capital Partners
- Tengram Capital Partners
- The Carlyle Group
- TPG Growth Partners
