Media Mentions
2011
“Fila Korea and Mirae Asset Buy Titleist and Footjoy Brands”
FinanceAsia, May 23, 2011
McDermott provided legal advice to Fila Korea and Mirae Asset Private Equity in winning an auction against global competition to purchase Acushnet Co. (owner of the Titleist and Footjoy golf equipment brands) from Fortune Brands. Sources report that the auction was keenly contested, with the consortium that the Firm advised successfully outbidding several of the world’s leading branded sports equipment companies as well as other private equity firms.
Corporate, Mergers & Acquisitions
“Fortune Brands Sells Golf Business for $1.23 Billion”
New York Times, May 20, 2011
McDermott lawyers from the Mergers & Acquisitions and the Korea practice groups counseled Fila Korea and Mirae Asset Private Equity (the largest private equity firm in South Korea) on acquiring the Titleist and Footjoy golf equipment businesses of Fortune Brands. In 2007, as a client of the Firm, Fila Korea purchased the global Fila brand of sports and leisure apparel and equipment (which dates back to a 1911 founding).
Corporate, Mergers & Acquisitions
“Chadbourne, McDermott Tee Up $1.2 Billion Golf Equipment Deal”
AmLaw Daily, May 20, 2011
David Goldman, Paul Kim and Thomas Conaghan were noted as the Firm’s partners in advising Fila Korea and Mirae Asset Private Equity in their purchase of the Fortune Brands golf equipment business, which includes Titleist golf balls and clubs, and Footjoy shoes and gloves. McDermott has represented Fila Korea since 2006.
Thomas P. Conaghan, C. David Goldman, Paul J. Kim, Corporate, Mergers & Acquisitions
“Fortune Brands Golf Unit Sold for $1.2B”
Deal Pipeline, May 20, 2011
David Goldman, Paul Kim and Thomas Conaghan led the McDermott team that represented Fila Korea and Mirae Asset Private Equity in purchasing the Acushnet Co. golf equipment business of Fortune Brands. Acushnet Co. has some of the top brands in golf, including Titleist and Footjoy. In finalizing the successful transaction, Fila Korea as advised by the Firm reportedly beat out several private equity firms and another leading golf equipment maker.
Thomas P. Conaghan, C. David Goldman, Paul J. Kim, Corporate, Mergers & Acquisitions
“Who’s In, Who’s Out”
Deal Pipeline, April 25, 2011
Jacques Buhart (corporate and competition law), Thibaud Forbin (mergers and acquisitions), Hervé Bidaud (tax) and Jilali Maazouz (labor and employment) were all noted for their extensive experience and diverse backgrounds before joining McDermott as partners in the new Paris office.
Hervé Bidaud, Jacques Buhart, Thibaud Forbin, Jilali Maazouz, Antitrust & Competition, Corporate, Employee Benefits, Mergers & Acquisitions, Tax
"Legal advisors of Humana"
Juve online, March 8, 2011
McDermott Will and Emery was mentioned as legal advisor of Humana in the merger with Nordmilch. The joint venture operates now under the name of DMK Deutsches Milchkontor.
Thomas Ammermann, Gudrun Germakowski, Uwe Goetker, Daniel Klein, Christian Neumann, Norbert Schulte, Volker Teigelkötter, Sebastian von Lossow, Corporate, Corporate - Germany, Employee Benefits, Germany, Intellectual Property, IP, Media & Tech - Germany, M&A - Germany, Mergers & Acquisitions, Real Estate, Real Estate - Germany
"Legal advisor of Rogers Corporation"
Juve Rechtsmarkt, March 2011
McDermott Will and Emery was mentioned as legal advisor of Rogers Corporation in the acquisition of Curamik Electronics GmbH, a manufacturer of power electronic substrate products headquartered in Germany for €116 million. The McDermott team was led by Konstantin Günther and Robert Manger.
Thomas Ammermann, Peter Bauschatz, Paul Melot de Beauregard, Michael L. Boykins, David A. Cifrino PC, Konstantin Günther, Corporate, Corporate - Germany, Finance & Banking, Germany, IP, Media & Tech - Germany, M&A - Germany, Mergers & Acquisitions, Securities, Tax, Tax - Germany
“Attorneys Assist Ryder System in $100 Million Acquisition”
Daily Business Review, February 23, 2011
Ira Coleman and Jacqueline Hodes discussed their representation of publicly traded Ryder’s acquisition of a private regional transportation company. Mr. Coleman said that because Ryder wants to do more such deals, “they need to have a reputation with these smaller-owned entities that they’re a fair partner,” because other potential acquisitions “would check references, asking, ‘How’s Ryder to deal with?’” Ms. Hodes called the transaction “very asset-intense” because of all the vehicles involved, and cited the challenge that “when dealing with a public company sensitivities are heightened to make sure [premature news] doesn’t get out. You constantly have to have your antennae up.”
Ira Coleman, Corporate, Mergers & Acquisitions
"Compliance and liability in mid-sized companies" Initiativbanking, Issue 2/2011
Uwe Goetker was interviewed concerning compliance in mid-sized companies and liability risks of the management board.
Uwe Goetker, Compliance - Germany, Corporate, Corporate - Germany, Germany, M&A - Germany, Mergers & Acquisitions, Restructuring & Insolvency, Restructuring & Insolvency - Germany
2010
“Changes Good and Bad Coming to HSR Compliance”
Compliance Week, November 2, 2010
Jon Dubrow addressed a proposed revision to FTC pre-merger notification rules, which would require identifying and collecting data from “associates” – entities that are under common management with, but not control of, the acquiring party. Mr. Dubrow urged acquiring companies to start early on the difficult process of defining who their associates are and what data they will need from them for merger approval. “This will be burdensome to those transactions that raise no legitimate competitive issues,” he said of such new required documentation.
Jon B. Dubrow, Mergers & Acquisitions
"Private equity panel bullish on buying"
Broward Daily Business Review, October 13, 2010
Harris Siskind was quoted regarding the current environment for private equity merger and acquisition transactions. “There is a tremendous amount of uncertainty just over what the composition of Congress will be when they return from the elections,” he noted, particularly with regard to possible actions on capital gains and dividend taxation. Mr. Siskind also said that deal financing remains more challenging than it was at the economy’s peak several years ago. “While debt financing is back, and it is available, the process of getting the debt financing closed is taking a little more effort and is a little more complicated,” he stated, “so I think people need to allocate additional time for negotiations with their debt financing partners.”
Harris C. Siskind, Corporate, Mergers & Acquisitions, Private Equity
"Changes Good and Bad Coming to HSR Compliance"
Compliance Week, September 8, 2010
Jon Dubrow addressed the FTC's revised premerger Hart-Scott-Rodino reporting rules. One change will require an acquiring company to report its holdings between 5% and 50% of its associate entities with revenue that overlaps that of the acquired company. "This will be burdensome to those transactions that raise no legitimate competitive issues," he said. Mr. Dubrow advised acquirers to identify their associates as early as possible and determine how to secure the necessary information, but warned that such a process would be easier said than done because of the large volume of research and documents required. Mr. Dubrow added that the new rules could change depending on comments that the FTC receives and "how heated the comments are." To view the full article visit: www.complianceweek.com.
Jon B. Dubrow, Antitrust & Competition, M&A/JVs - Antitrust Aspects, Mergers & Acquisitions
Amy Ferrer was profiled in a May 14 Boston Business Journal story about lawyers who have been named partners in their firms during 2010. Ms. Ferrer, a 2003 graduate of Fordham University School of law, practices in corporate securities and transactions law and said that becoming partner “has always been a goal of mine, … to know that all my hard work over the years has paid off.” She added that McDermott has a positive environment for women lawyers, observing that “there are more male partners, but the firm is supportive of women and I don’t notice any difference in how it treats men and women.” Click here to view the full article.
Amy Ferrer, Corporate, Mergers & Acquisitions, Securities
Dennis White was quoted by Marketwatch.com on May 5 regarding merger and acquisition trends shown in the latest Association for Corporate Growth (ACG) – Thomson Reuters survey. Mr. White, who is ACG chairman, said that dealmakers are more positive about the M&A environment, noting that “the pervasive sense of frustration among M&A professionals is lifting as they become increasingly occupied sourcing and evaluating potential deals.” He added that “there is always a bit of a time lag between the time company owners decide to sell, when the investment bankers and business brokers organize the sales process, and when the private equity firms or strategic acquirers bid and then close the deals.”
, Corporate, Mergers & Acquisitions, Private Equity
Carsten Steinhauer was quoted in an article published byProject Finance Magazine (1 May 2010) which looks at Italian PV solar projects and the period of uncertainty as the Italian government backs away from the most attractive feed-in tariffs in Europe.
Carsten Steinhauer, Corporate, Energy - Italy, Energy Advisory, European Renewable Energy, Italy, Mergers & Acquisitions
Dennis White spoke to Financier Worldwide (April 2010) concerning 2010 mid-market merger and acquisition trends according to the latest survey of deal professionals by the Association for Corporate Growth, which Mr. White chairs. The survey “seems to lend credence to the fact that strategic investors and distressed sales will lead the way,” Mr. White said. “But as the credit and lending markets continue to strengthen in the wake of the crisis, increased leverage should be available, though not likely at the levels seen pre-crisis.” He added that “there is now a realization by most sellers that their expectations need to be lowered from the go-go days of pre-2008.”
, Corporate, Mergers & Acquisitions
Dennis White spoke to dBusinessNews on February 11 (in a story also carried February 12 on CarolinaNewswire.com) about a new report by the Association for Corporate Growth (which Mr. White chairs) concerning middle-market deal activity. The report “highlights the vibrancy of middle-market private equity deals,” Mr. White said. “In the most difficult capital market in decades, private investors continued to find values and value in the middle market.” He added that through such deals, middle-market private equity firms “are growing the economy and creating new job growth, one investment at a time.”
, Mergers & Acquisitions, Private Equity
Dennis White was quoted by Mergers and Acquisitions: The Dealmakers Journal (February 1) concerning the findings of the 2009 year-end M&A dealmakers survey conducted by the Association for Corporate Growth (which Mr. White chairs). “Dealmaking continues to be caught in the doldrums, with limited activity outside of distressed sales and select strategic investments,” Mr. White said, “but the fact that merger professionals express heightened optimism about 2010 [in the ACG survey] is a hopeful sign that a freshening wind will arise.”
, Corporate, Mergers & Acquisitions
Dennis White was quoted by CarolinaNewswire.com on January 4 in a story concerning the latest survey of merger and acquisition activity by the Association for Corporate Growth, for which he serves as Chairman and Senior Counsel. “Dealmaking continues to be caught in the doldrums with limited activity outside of distressed sales and select strategic investments,” Mr. White said of the new survey results. But, he added, “the fact that merger professionals express heightened optimism about 2010 is a hopeful sign that a freshening wind will arise.”
, Corporate, Mergers & Acquisitions
2009
Dennis White commented December 14 for Mergers & Acquisitions Report regarding the latest bi-annual survey of M&A professionals made by the Association for Corporate Growth (which Mr. White chairs). He noted that the survey showed it is “difficult for buyers and sellers to come to agreement on value and see eye-to-eye” regarding transactions in today’s market conditions. “Sellers are pretty cautious these days and don’t want to overpay,” Mr. White said, adding that private equity firms are devoting “quite a bit of their time to pursuing distressed deals.”
, Corporate, Mergers & Acquisitions, Private Equity
Dennis White spoke to CFO.com on December 11 concerning the new survey of merger and acquisition activity by the Association for Corporate Growth (which he chairs). He said that strategic buyers of companies “for the moment have a strong advantage over private equity firms, who have to round up bank financing to get their deals done,” adding that these strategic buyers “are sitting on cash or have pre-negotiated lines of credit” and are often looking for “niche, synergistic businesses, particularly in technology and clean tech.” Mr. White also said sellers and buyers of companies are having difficulty agreeing on valuations. “Sellers try to argue that you shouldn’t look at the current environment when valuing their company, … [b]ut buyers are reluctant to buy that argument,” he noted.
, Corporate, Mergers & Acquisitions, Private Equity
Dennis White was quoted by Private Equity Professional Digest on December 9 regarding the Association for Corporate Growth’s new survey of merger and acquisition activity. “Deal making continues to be caught in the doldrums with limited activity outside of distressed sales and select strategic investments, but the fact that merger professionals express heightened optimism about 2010 is a hopeful sign that a freshening wind will arise,” Mr. White declared.
, Corporate, Mergers & Acquisitions, Private Equity
Dennis White was interviewed December 9 on CNBC’s Power Lunch concerning a new Association for Corporate Growth survey of dealmakers involved in M&A activity. “Buyers are in the driver’s seat in M&A deals according to the survey, and right now they are largely corporate buyers who are looking for strategic opportunities to purchase companies that have synergistic fit with their existing business,” Mr. White stated. He noted that up to 9 percent of current M&A deals are by such corporate buyers, because private equity firms are having difficulty raising cash for their own deals. “Cash is king right now,” Mr. White added, “as virtually all M&A deals are being done as cash transactions – particularly those involving distressed companies that need cash to pay off their creditors.”
, Corporate, Mergers & Acquisitions, Private Equity
Mary-Laura Greely was profiled in a November 20 article in Boston Business Journal that reviewed the status of women lawyers in Boston law firms. Ms. Greely she has not had major conflict between work and family obligations. “I missed some vacations, that did happen,” she observed. “There were some late nights where I had a bowl of Cheerios for dinner. But I never had the sense that I wasn’t getting support.” However, Ms. Greely also noted that many women “are caught in the cultural tailspin between the 365-days-a-year, 24-7 world today versus the world we grew up in with traditional stay-at-home moms. A lot of them … don’t know how to make it work.”
, Corporate, Mergers & Acquisitions
Jerry Sokol was cited by Cataractoutsourcing.com on November 17 on the trend toward more mergers of hospitals and surgery centers. He stated that many of the mergers are aimed at increasing profitability, noting that, with the credit markets opening up and Medicare reimbursements getting squeezed more, surgery centers in particular should be looking at their merger options. Mr. Sokol added that the physician owners of such centers could consolidate the revenues of various facilities, reduce their overhead costs, minimize risks and perhaps increase distributions by means of a merger.
Jerry J. Sokol, Health, Health - M&A, Mergers & Acquisitions
Dennis White commented for Forbes.com (July 14) concerning likely trends in merger and acquisition transactions. He stated that he foresaw potential activity in such business sectors as health care, life sciences and manufacturing, with numerous sales of distressed assets to firms that have the capital in-house to make the acquisition. Mr. White also noted that credit markets have stabilized, if not loosened, which will also support M&A activity.
, Corporate, Mergers & Acquisitions
Dennis White was quoted by VC Experts on May 27 on a survey of the M&A environment by the Association for Corporate Growth and Thomson Reuters. He stated that "the credit crunch remains a major roadblock to economic growth and an uptick in M&A volume. [But] with the bank stress tests behind us, there is guarded optimism that the worst is over and that in the coming months credit will at least begin to start flowing again." Mr. White noted that currently many PE firms "do not want to abandon their investment discipline by doing deals with troubled companies that turn out to be fundamentally flawed. [However], the current economy almost demands that PE firms take a more hands-on approach with their portfolio companies, … coming to difficult decisions as to what companies they will continue to actively support and those they will leave to their own devices. This phenomenon will ease once the economy improves."
, Corporate, Mergers & Acquisitions
Dennis White commented in SNL Financial (May 21) on a survey of the merger and acquisition environment by the Association for Corporate Growth and Thomson Reuters. Mr. White said the M&A market is "bottoming out," particularly with regard to middle-market companies, and added: "There is at least a guarded optimism that things are going to improve, at least in terms of deal volume, in the next six months."
, Corporate, Mergers & Acquisitions
Dennis White was quoted in Business Week and by the Business Wire (May 13) in response to a biannual survey of private equity firms, law firms, and investment banks by the Association for Corporate Growth and Thomson Reuters. Of those surveyed, more than 50 percent expect the merger and acquisition activity to increase this year. "Dealmakers are cautiously optimistic," Mr. White told Business Week. He elaborated for the Business Wire, "The M&A market is clearly stalled, but there is a growing sense that we are at or near the bottom….The anticipated increase in activity will be led by sales of distressed companies to bargain-seeking private equity firms and strategic buyers. Deal normalcy will have to await a genuine loosening of the credit markets and an overall improvement in the economy."
, Corporate, Mergers & Acquisitions, Private Equity
Dennis White was quoted by the CFO.com on May 13 regarding the slowdown of deals. Mr. White said that some companies have few options for getting on their feet beyond selling in a distressed state or liquidating. He told CFO.com that reasons for the slowdown in deals include buyers' ability to get financing and price. According to the Association for Corporate Growth and Thomson Reuters biannual survey the industry expects merger and acquisition activity to increase in 2009.
, Corporate, Mergers & Acquisitions, Private Equity
Dennis White was quoted in a story that appeared in several city versions of The Business Journal (May 13) and other publications concerning the current merger and acquisition outlook. Commenting on a survey by the Association for Corporate Growth and Thomson Reuters, Mr. White said that "the M&A environment is clearly stalled, but there is a growing sense that we are at or near the bottom." He added that an anticipated increase in activity "will be led by sales of distressed companies to bargain-seeking private equity firms and strategic buyers. Deal normalcy will have to await a genuine loosening of the credit markets an overall improvement in the economy."
, Corporate, Mergers & Acquisitions, Private Equity
Dennis White was quoted by the Wall Street Journal on May 12 regarding the Association for Corporate Growth and Thomson Reuters biannual survey. According to the survey results, more than half of private equity firms have portfolio companies that have violated loan covenants. "These are really extraordinary times," Mr. White said. "Private equity firms find it necessary to exercise more supervisory power."
, Corporate, Mergers & Acquisitions, Private Equity
Filippo Mazza and Carsten Steinhauer are mentioned in the 15 April 2009 edition of TopLegal for their advice to ERGO Insurance Group in the sell-out and squeeze-out procedures aimed at the delisting from the Milan Stock Exchange of one of ERGO’s Italian subsidiaries ERGO Previdenza S.p.A..
Filippo Mazza, Carsten Steinhauer, Corporate, Italy, M&A and Corporate - Italy, Mergers & Acquisitions
Byron Kalogerou is quoted in a March 23 Business Wire release concerning the announcement by LexisNexis that it will provide access to a wide range of online resources from its M&A Practice Center directly into a market leading enterprise software solution developed by XT2 Systems. McDermott is an XT2 Systems client, and Mr. Kalogerou says that the firm "expect[s] to increase the value of our M&A legal advisory services through the use of this combined solution." He states his belief that McDermott "will have a strategic advantage over other law firms with similar advisory services since we are leveraging technology to increase the value of our services to our clients and providing our clients with crystal clear visibility into all aspects of their M&A transactions."
Byron S. Kalogerou, Corporate, Mergers & Acquisitions, Telecommunications
2008
Thomas Sauermilch was quoted on December 15 by Law360 regarding the terminated merger between Huntsman Corp. and Hexion Specialty Chemicals Inc. "What you are seeing is the unwind of transactions that were agreed to before the credit crisis hit....Huntsman-Hexion was probably one of the fiercest battles," said Mr. Sauermilch. In September, the Delaware Court of Chancery ordered Hexion to move forward with the actions necessary to complete the merger and that Huntsman did not suffer a "material adverse effect" that would have allowed the deal to cease. Mr. Sauermilch commented that material adverse change and material adverse effect clauses are changing and that future deals may see clauses regarding earnings requirements, commodities prices, debt ratings preconditions and even bankruptcy. "You're seeing a swing to more buyer-friendly conditions....There are more provisions in [the clauses] that let a buyer step away from a deal."
Thomas Sauermilch, Corporate, Mergers & Acquisitions
"Legal advisor to Telerik AD"
ACQ Finance Magazine, Volume 7, Issue 7, 2008
McDermott Will & Emery was mentioned as legal advisor to Telerik AD regarding the acquisition of Vanatec GmbH. Chrisitan von Sydow was also mentioned in the Magazine's end of year review.
Christian von Sydow, Corporate, Corporate - Germany, Germany, M&A - Germany, Mergers & Acquisitions
Den White was interviewed live on the Closing Bell program that aired on CNBC December 9. As vice chairman of the Association for Corporate Growth (ACG), Mr. White discussed the outlook for M&A deals in 2009 based on a recent ACG/Thomson Reuters survey that discussed dealmakers confidence reaching an all time low. In response to the possibility of a comeback in the first quarter of 2009, he stated, "I think that's possible. I think the first deals that are likely to emerge are distressed sales. There are a lot of companies that are hitting the wall with lack of liquidity, and with the lack of debtor-in-possession financing available, there's really no opportunity to reorganize and so the only option is to hold a distressed sale." To hear Mr. White's perspective on the current and future M&A environment click here.
, Corporate, Mergers & Acquisitions
"Legal advisor of Ergo Versicherungsgruppe"
Juve Rechtsmarkt, November 2008
Carsten Steinhauer and Filippo Mazza were mentioned as legal advisors of Ergo Versicherungsgruppe.
Filippo Mazza, Carsten Steinhauer, Corporate, Italy, M&A and Corporate - Italy, Mergers & Acquisitions
"Legal advisor to Tomorrow Focus"
Juve Rechtsmarkt, November 2008
Christian von Sydow was mentioned as legal advisor of Tomorrow Focus.
Christian von Sydow, Corporate, Corporate - Germany, Germany, M&A - Germany, Mergers & Acquisitions
Filippo Mazza and Carsten Steinhauer are mentioned in the October 29 issue of JUVE in a piece which covers their assistance to ERGO Versicherungsgruppe with the takeover of Italian listed company ERGO Previdenza.
Filippo Mazza, Carsten Steinhauer, Corporate, Italy, M&A and Corporate - Italy, Mergers & Acquisitions
Filippo Mazza and Carsten Steinhauer are mentioned in Economy (October 3) in a piece which covers ERGO’s delisting.
Filippo Mazza, Carsten Steinhauer, Corporate, Italy, M&A and Corporate - Italy, Mergers & Acquisitions
Den White was quoted on July 23 in PEI Online regarding the latest results of the bi-annual survey of middle market merger professionals by the Association for Corporate Growth (ACG) and Thomson Reuters. "Even though the market has cooled, you still have roughly 90 percent of respondents indicating that the M&A market is good to fair," he said. Mr. White also noted, "We're clearly not in a hot phase but we're clearly not dormant either."
, Corporate, Mergers & Acquisitions, Private Equity
Den White was quoted on July 22 by the Business Wire regarding the dissatisfaction of middle market merger professionals with the present M&A market which was concluded by the recent bi-annual survey conducted by the Association for Corporate Growth (ACG) and Thomson Reuters. In the private equity space, respondents see the best investment opportunities in the United States, China, Latin America, India and Eastern Europe. "To an ever-increasing degree buyers and sellers are looking beyond the water's edge for opportunities," said Mr. White. "The U.S. downturn and depressed dollar make everything from New York condos to U.S. companies seem like bargains to foreign buyers. Conversely, U.S. buyers are drawn to the attractive upside opportunities and less competitive investment environment that prevails in many markets overseas. As a result, "cross-border" has become a permanent part of everyone's deal vocabulary."
, Corporate, Mergers & Acquisitions, Private Equity
Jeffrey Rothschild was mentioned in the July 22 issue of The Deal in an article concerning merger agreements in recent private equity deals. Mr. Rothschild was cited for his observations in a survey he wrote regarding recent developments in LBO deal terms.
Jeffrey Rothschild, Corporate, Mergers & Acquisitions, Private Equity
Robert A. Schreck was quoted in the July 21 issue of the New York Post in an article regarding the comeback of poison pills. Mr. Schreck commented that he has been counseling his corporate clients to re-evaluate poison pills. He further pointed out that although certain large corporations do not need to worry about takeover threats, midsized companies should remain aware, "...if you're a middle-market company in the striking range of private equity, you should be looking into it," Mr. Schreck said.
Robert A. Schreck PC, Corporate, Mergers & Acquisitions, Private Equity
Den White was interviewed for the June 2008 edition of Mergers & Acquisitions Magazine regarding how he became involved in M&A transactions, recent trends and challenges in the transactions industry as well as common pitfalls in M&A transactions. The interview also addressed Mr. White's history with the Association for Corporate Growth, an 11,000 member organization focused on corporate growth and M&A. He is currently Vice Chairman of ACG's Global Board of Directors.
Link to: Den White, Corporate, Mergers & Acquisitions
, Corporate, Mergers & Acquisitions
Jeffrey Rothschild was quoted in an April 29 article published by Compliance Week regarding the utilization of the material adverse change clause (MAC clause) during the global credit crunch in order to allow potential acquirers to walk away from deals. Mr. Rothschild commented that negotiating MACs is perhaps [one of] the most contentious and time consuming part of merger talks. "A certainty in life is that people won't agree on [the definition of] MAC," he said.
Jeffrey Rothschild, Corporate, Mergers & Acquisitions
Joel R. Grosberg was quoted in the March 1 issue of CFO Magazine in an article regarding potential obstacles for global transactions including a Democratic White House, an increasing number of jurisdictions with the right to review a deal's antitrust implications and antitrust rules in China and India. As a partner in McDermott's Antitrust and Competition Practice, Mr. Grosberg stated that if the White House goes to a Democrat, "CFOs should expect that antitrust enforcement will be more aggressive." In India, where there are no minimum thresholds for filing acquisitions and a 210-day review period is standard, Mr. Grosberg noted that even "if your deal raises no issues, you could be held up for seven months."
Joel R. Grosberg, Antitrust & Competition, M&A/JVs - Antitrust Aspects, Mergers & Acquisitions
Joel G. Chefitz was quoted in a February 8 article published by the Chicago Tribune regarding the urgency felt by bankers and executives to complete complex deals and mergers while President Bush is still in office. Mr. Chefitz stated that the threat of political change can be an effective tactic for accelerating negotiations. "Having been through a lot of mergers, I'd say that those pushing a merger are probably focusing on this being the last year of a Republican administration. That may be more a matter of negotiation than genuine concern," he said.
Joel G. Chefitz, Mergers & Acquisitions, Trial
2007
Joel G. Chefitz was quoted in a November 15 article published by the Chicago Tribune regarding rumors of a possible merger between United Airlines and Delta Air Lines. A major shareholder of both airlines sent a letter urging Delta to pursue a merger with United's parent company, UAL Corp. Although both sides deny that a deal is being negotiated, Mr. Chefitz noted that if the airlines can show that a merger would significantly reduce operating costs in the face of astronomical fuel prices, they would have a very persuasive argument for gaining approval from federal antitrust authorities. "I think the climate for getting an airline merger through right now is a lot better than it was when United failed to acquire US Airways," Mr. Chefitz said. Mr. Chefitz was also quoted in The Providence Journal on November 16.
Joel G. Chefitz, Airport & Aviation, Mergers & Acquisitions, Trial
Howard E. Steinberg was mentioned in a November 10 article published by PR Newswire regarding the M&A International Media Awards 2007. Mr. Steinberg was a member of the judging panel, which was made up of senior mergers and acquisitions experts from around the world and included representatives of business, academia and the media.
Howard E. Steinberg, Corporate, Mergers & Acquisitions
Dennis J. White was mentioned in a November 8 article published by Business Wire regarding the Association for Corporate Growth’s (ACG) naming of a new chairman as well as new directors. Mr. White was elected as Vice Chairman of the ACG, which is a premier professional organization focused on corporate growth, corporate development, and mergers and acquisitions.
, Corporate, Mergers & Acquisitions
Helen Friedli was been recognized in the 2007/08 edition of the PLC Cross-border Mergers and Acquisitions Handbook, published by Practical Law Company, as a recommended lawyer for cross-border mergers and acquisitions.
Helen R. Friedli PC, Corporate, Mergers & Acquisitions, Securities
Stephen Older and Seth Goldsamt were listed as advisors to Morgan Stanley Principal Investments (MSPI) in the April 27 issue of The Daily Deal. McDermott advised MSPI on its equity commitment to Mitel Networks Corporation in its purchase of Inter-Tel Incorporated.
Seth T. Goldsamt, Stephen E. Older, Corporate, Hedge Funds, M&A - Private Equity, Mergers & Acquisitions
Peter N. Townshend was quoted on April 24 by Reuters in an article discussing the trend of accelerated negotiations by private equity firms in the mergers and acquisitions market. In an effort to try and beat opponents in the auction process, private equity bidders are giving high offers and securing the deal well before the bidding deadlines. "The question of whether to take an early bid or go through a complete auction is really a game of chicken for both sides," said Mr. Townshend. "If you go through the whole auction, bidders run the risk that others will outbid them. Meanwhile, if the target completes the whole process and the other offers don't turn out as high as they or Wall Street had expected, the company runs the risk that the early, high bid could disappear," Mr. Townshend added.
, Corporate, Mergers & Acquisitions, Private Equity
Howard Steinberg was quoted by Dow Jones on March 13 regarding the recent trend in which mutual funds are starting to shake up the companies in which they invest by beginning to protest merger deals and pushing to change corporate boards. While too early to know their impact, mutual funds have a great amount of say because they tend to be the largest shareholders of the public companies' stock but it is a matter of whether or not they speak up. "Mutual fund activism is still so new and limited, when it does occur people pay attention," commented Mr. Steinberg.
Howard E. Steinberg, Corporate, Mergers & Acquisitions
Ira Rappeport was quoted in the January 29 issue of Flashwire Weekly in an article regarding health care M&A. "There are two trends, one is financial and one is related to health care. Hospital chains have to get bigger to deal with insurers and get better economies of scale. Also, hospitals have to deal with a new competitor in deals – private equity," Mr. Rappeport said.
Ira J. Rappeport, Health, Health - M&A, Mergers & Acquisitions
Den White was quoted by CFO on January 10 in regard to anticipated corporate activity in 2007. Mr. White commented that more deals were made with cash than stock in 2006, and 2007 may see more of private equity firms' growing trend of selling to each other.
, Corporate, Mergers & Acquisitions
Helen Friedli, Mark Harris and Ryan Harris were named in the Big Suits column of the January American Lawyer for McDermott's representation of the CBOT Special Committee of Non-Exercise Rights Members in the Chicago Mercantile Exchange Holdings Inc.'s $8 billion purchase of CBOT Holdings.
Helen R. Friedli PC, Mark A. Harris, Ryan D. Harris, Corporate, Mergers & Acquisitions
2006
McDermott was mentioned in the November 2 issue of the Daily Deal in regard to advising Gibraltar Industries Inc. in its acquisition of Britain's Expanded Metal Co. Ltd. and its German subsidiary Sorst Streckmetall GmbH.
Corporate, Mergers & Acquisitions
Thomas Sauermilch was quoted by Dow Jones on July 10 regarding increased mergers and acquisitions activity in 2006. "Strategic players are back in the M&A market big time," commented Mr. Sauermilch.
Thomas Sauermilch, Corporate, Mergers & Acquisitions
Helen Friedli was recognized as one of two recommended individuals for cross-border mergers and acquisitions in Chicago in the recent edition of the Cross-border Mergers & Acquisitions: PLC Which Lawyer Handbook published by Practical Law Company.
Helen R. Friedli PC, Corporate, Mergers & Acquisitions
Howard Steinberg was quoted by Dow Jones on May 9 regarding his prediction that more banks will acquire thrifts in part because they want to be able to offer new mortgage products.
Howard E. Steinberg, Corporate, Mergers & Acquisitions
Howard Steinberg was quoted in the May issue of Corporate Secretary regarding fairness opinions. "They were not unknown before then [Delaware Supreme Court ruling], but after that they became quite common," commented Mr. Steinberg.
Howard E. Steinberg, Corporate, Mergers & Acquisitions
Howard Steinberg was quoted in the May 1 issue of Dow Jones Hedge Fund Trades on the New York Stock Exchange's investigation of a major investment bank that may have given preferential trading treatment to a hedge fund it operates. Specifically in regards to the conflict of interest in this environment, Mr. Steinberg said, "These issues have been around forever but may look more prominent today, because firms are doing more proprietary trading than ever."
Howard E. Steinberg, Corporate, Mergers & Acquisitions
Howard Steinberg was quoted in the April 25 issue of Dow Jones on the NYSE investigating major broker over hedge fund conflicts and possible preferential trading treatment. "These issues have been around forever, but may look more prominent today, because firms are doing more proprietary trading than ever," commented Mr. Steinberg.
Howard E. Steinberg, Corporate, Mergers & Acquisitions
McDermott was mentioned in the February 1 issue of the Daily Deal as M&A counsel to X-Rite Inc. in its acquisition of Amazys Holding AG.
Corporate, Mergers & Acquisitions
Den White was quoted in the January 23 issue of Financial News regarding the surge in transatlantic M&A transactions.
, Corporate, Mergers & Acquisitions
2005
McDermott is listed in the November 25 issue of Handelsblatt as in the sixth of six tiers of leading M&A law firms.
Corporate, Germany, Mergers & Acquisitions
Howard Steinberg was quoted in M&A Report on September 26 in an article about change-in-control payouts (CIC's) to executives in mergers. Due to recent acquisitions where the chairman or CEO's of companies have been given these golden parachutes of CIC's and have returned to companies, governance professionals are now revaluating the way that these payments are handled. "I think that good governance people are becoming more and more concerned with the concept of the necessity of golden parachutes, particularly as to those executives who can collect a big paycheck and continue employment," Mr. Steinberg said. In light of recent corporate scandals, corporate boards shy away from "any kind of pay package that looks like a windfall for executives," he said. "There's likely to be a moderating trend in the way parachutes are structured."
Howard E. Steinberg, Corporate, Mergers & Acquisitions
McDermott was featured in four cases and one M&A deal in the Crain's Chicago Business's list of 2005's big litigation and deals published on September 19. Lazar Raynal (Pritzker v. Pritzker), Rick Meyer (Lorillard Tobacco Co. v. Chester Wilcox & Saxbe LLP), Steven Scholes (SEC v. Calugar), Mike Pope and Christopher Murphy (Oshana v. Coca-Cola Co.), all trial partners based in Chicago were mentioned in the litigation list. John Tamisiea and Michael Fayhee were mentioned in the deal list for Gardner Denver Inc.'s purchase of Thomas Industries Inc.
Michael R. Fayhee, Derek J. Meyer, Christopher M. Murphy, Michael A. Pope PC, Lazar P. Raynal, Steven S. Scholes, John P. Tamisiea, Corporate, Mergers & Acquisitions, Trial
Brooks Gruemmer and Nicholas Azis were mentioned as counsel to Riverlake Partners in its acquisition of a majority stake in the instruments unit of UK-auto-parts-maker Pressac plc in the August 18 issue of the Daily Deal.
Nicholas Azis, Brooks B. Gruemmer, Corporate, Corporate - London, Mergers & Acquisitions
McDermott was recommended in Legal 500 European Edition 2005 for the practice area of corporate and commercial including M&A: "McDermott Will & Emery Rechtsanwälte LLP continues to invest significantly more resources into its German operation. The firm has a good mix of mid-cap business and old economy clients such as E.ON. Martin Kock continues to handle significant restructurings and obtained a favorable settlement for Universal as one of the largest creditors in the insolvency of media giant Kirch Group. In 2003 it advised the supervisory board of Wella in the enormous takeover by Procter & Gamble, outlining its credentials in major transactions. Konstantin Günther and Christian von Sydow head the respective practices in Düsseldorf and Munich."
Konstantin Günther, Christian von Sydow, Corporate, Corporate - Germany, Germany, M&A - Germany, Mergers & Acquisitions
McDermott was recommended in Der Syndikus - Jahrbuch 2005 - in the practice area corporate/M&A: "McDermott Will & Emery Rechtsanwälte LLP shows ongoing invest in their German praxis. The clients of McDermott are a very balanced mixture of middle-sized companies and international companies e.g. E.ON. Martin Kock gives ongoing advice in big restructuring transactions and negotiated a composition for Universal in the insolvency of media giant Kirch Group. McDermott advised the of Wella on the takeover by Procter & Gamble and thereby emphasized their expertise in important transactions. Konstantin Günther and Christian von Sydow are heading the offices in Düsseldorf and Munich."
Konstantin Günther, Christian von Sydow, Corporate, Corporate - Germany, Germany, M&A - Germany, Mergers & Acquisitions
McDermott Will & Emery was listed as one of the top law firms for M&A, private equity & venture capital in the June issue of Juve azur. The Firm was also mentioned in an article dealing with expected hires for Spring 2005 and 2006 and internships.
Germany, M&A - Germany, Mergers & Acquisitions, Private Equity, Private Equity/Venture Capital - Germany
McDermott Will & Emery was mentioned in the April issue of Lexpert magazine as counsel to Merrill Lynch in its acquisition of Entergy Koch and Entergy-Koch Trading. This transaction was listed among the top 15 Canada/U.S. deals of 2004.
Corporate, Energy Advisory, Mergers & Acquisitions
Thomas Sauermilch was quoted on March 16 in a Dow Jones Newswire on how corporate governance is playing out in the M&A market.
Thomas Sauermilch, Corporate, Corporate Responsibility and Governance, Mergers & Acquisitions
Thomas Sauermilch was quoted extensively by Dow Jones on the March 8 in an article entitled, "Cross-Border M&A Take Off, Europeans Lead The Way." The article discusses how European companies are following consumers across the Atlantic and taking advantage of the weak value of the dollar.
Thomas Sauermilch, Corporate, Mergers & Acquisitions
The March issue of American Lawyer identified some of the largest Canadian deals in 2004, including BFI Canada Income Fund's $886 billion purchase of IESI Corporation. A McDermott team, led by Stephen Selbst and Amy Leder advised IESI on this deal.
Amy S. Leder, Mergers & Acquisitions
Den White was quoted in the February 13 issue of The Boston Globe in regard to New England seeing a higher share of foreign deals. "New England is a significant spawning ground for new technology," commented Mr. White. "Foreign companies view this region, along with Silicon Valley, as places where they can acquire technology they can use in their operations worldwide. Boston is also seen as the most European city in the United States and an easy segue into the American market."
, Corporate, Mergers & Acquisitions
Den White was quoted by Dow Jones News on January 18 in an article discussing the optimistic view of deal makers for the coming year. "This past year saw a real surge as lots of marquee names were bought and sold," commented Mr. White. This was a comment Mr. White made at a roundtable hosted by the Association of Corporate Growth in Boston.
, Corporate, Mergers & Acquisitions
McDermott Will & Emery was mentioned in the January issue of Juve Rechtsmarkt for the Universal deal in a listing of "deals of the year 2004."
Corporate, Corporate - Germany, Germany, M&A - Germany, Mergers & Acquisitions
McDermott Will & Emery was mentioned in the January issue of Juve Rechtsmarkt in relation to advising DAB on its acquisition of the FSB FondsServiceBank GmbH, a joint venture between subsidiaries of Germany's second largest bank, HypoVereinsbank, and Germany's largest re-insurer, Munich Re. Martin Kock was listed as the leader of the transaction with Christophe Samson as his assistant. Dirk Pohl and Gero Burwitz were mentioned for tax support, with Volker Teigelkötter and Sandra Urban-Crell having responsibility for labor matters. Wolfgang von Frentz, Antje Seitz and Andreas Boos were all included for IT and antitrust matters. Norbert Schulte was mentioned for the real estate due diligence.
Gero Burwitz, Dirk Pohl, Norbert Schulte, Volker Teigelkötter, Wolfgang Freiherr Raitz von Frentz, Corporate, Corporate - Germany, Germany, M&A - Germany, Mergers & Acquisitions
2004
Martin Kock was recognized as a M&A specialist advising on significant transactions, for instance on behalf of T-Venture, the corporate venture capital vehicle of Deutsche Telekom AG, in the 2004 edition of Kanzleien in Deutschland 2004 (Law Firms in Germany 2004).
, Germany, M&A - Germany, Mergers & Acquisitions
Thomas Sauermilch was quoted by IDD on October 18, in regard to the current trends in the M&A market. "There are lot of deals in the pipeline these days," commented Mr. Sauermilch. "People are also working on a lot of deals that unfortunately fail."
Thomas Sauermilch, Corporate, Mergers & Acquisitions
Thomas Sauermilch was mentioned in the July 2 issue of The Deal in regard to advising Aixtron in its acquisition of Genus Inc.
Thomas Sauermilch, Corporate, M&A - Germany, Mergers & Acquisitions
The April 5 issue of The Daily Deal identified McDermott as legal advisors to the Jean Coutu Group in its pending $4.525 billion acquisition of J.C. Penney Company's Eckerd drugstores.
Corporate, Mergers & Acquisitions
Brooks Gruemmer and Bernard Kramer were identified as counsel for J.W. Childs Associates LP on the front page of the April 2 Daily Deal. The daily "Deal Memo" featured the announcement that after nine months on the auction block Procter & Gamble Co.'s Sunny Delight and Punica juice-based beverage brands found a buyer in J.W. Childs.
Brooks B. Gruemmer, Bernard S. Kramer, Corporate, Mergers & Acquisitions
Martin Kock was recognized as an M&A specialist in the restructuring arena in the 2004 edition of The European Legal 500.
, Corporate, Corporate - Germany, Germany, M&A - Germany, Mergers & Acquisitions
McDermott was ranked 10th among law firms in Mergerstat's first quarter ranking of the number of U.S. announced deals.
Corporate, Mergers & Acquisitions
2003
McDermott Will & Emery was ranked number 18 as legal advisor among the top 20 in the July Mergerstat Review. The Firm’s M&A work was listed with an enterprise value at $8.3 million and 30 transactions.
Corporate, Mergers & Acquisitions
Thomas Sauermilch was quoted in the June 1 issue of Mergers & Acquisitions: The Dealmakers Journal in an article reporting on how dealmakers are weathering the current global tensions. Mr. Sauermilch commented on how the reconstruction of Iraq could affect the buying and selling of the types of companies likely to participate in rebuilding the country. He explains with the example that if the U.S. disallows companies that opposed the war to play a significant role in the redevelopment of Iraq, certain European companies, such as construction firms, could be passed over as acquisition targets if it appears they will be excluded from winning contracts.
Thomas Sauermilch, Mergers & Acquisitions
Thomas Sauermilch was quoted on April 24 on CBS.MarketWatch.com in regard to the U.S. citizenship of DHL Airways and the U.S. Department of Transportation's recent decision to reject an attempt by UPS to consider the DHL-Airborne merger. Mr. Sauermilch commented that the DHL-Airborne merger, "appears to be going forward but the larger battle still looms out there and that is of control."
Thomas Sauermilch, Germany, Mergers & Acquisitions
Thomas Sauermilch was quoted on April 24 on CBS.MarketWatch.com in regard to the U.S. citizenship of DHL Airways and the U.S. Department of Transportation's recent decision to reject an attempt by UPS to consider the DHL-Airborne merger. Mr. Sauermilch commented that DHL-Airborne merger, "appears to be going forward but the larger battle still looms out there and that is of control."
Thomas Sauermilch, Germany, M&A - Germany, Mergers & Acquisitions
Thomas Sauermilch was quoted in the March 25 and 26 issues of The Daily Deal, as well as a story by Bloomberg News, published on March 24, in regard to Deutsche Post Worldnet AG's proposed acquisition of Airborne Inc. Mr. Sauermilch discussed the potential obstacles that could exist with this merger, "Deutsche Post should not expect a regulatory free pass. It is a very bold step in light of the current regulatory situation." He continued by saying that Deutsche Post will be challenged to structure the deal in a way that minimizes DOT oversight.
Thomas Sauermilch, Germany, Mergers & Acquisitions
McDermott Will & Emery was mentioned in the February 10 issue of the Global Competition Review in regard to advising Centerpulse on the sale of its heart valve entity, Carbomedics, to Snia S.p.A.
Antitrust & Competition, Life Sciences & Medical Products, Mergers & Acquisitions
McDermott Will & Emery was ranked 8th in the "Top Advisors" report published by Mergerstat Review in February. The rankings are determined on the total enterprise value of U.S. announced deals YTD 2003.
McDermott Will & Emery was mentioned as counsel for Constellation Brands Inc. in its acquisition by BRL Hardy Ltd. as published by Mergerstat Review in February.
Alcohol Regulatory & Distribution, Mergers & Acquisitions
McDermott Will & Emery was mentioned in the January 29 issue of the National Post's Financial Post & FP Investing as counsel for Schmalbach-Lubeca AG in its acquisition by Australian-based Amcor Ltd.
Germany, International, Mergers & Acquisitions
McDermott Will & Emery was mentioned as counsel for Schmalbach in its acquisition by Amcor Ltd. as published in the January 29 issue of The National Post.
Germany, International, Mergers & Acquisitions
McDermott Will & Emery was mentioned in January 18 issue of The Deal. The Firm was mentioned as United States M&A counsel to Constellation Brands, Inc. in its acquisition of Australia's BRL Hardy Limited. The transaction, valued at $1.4 billion, will create the world's largest winemaker. The Firm's legal team includes Bernard Kramer, David Cifrino, Steven Epstein, Tara Pfeifer, Patrick Scott, Daniel Zucker, Jeffrey Wagner and Stephen Sullivan.
McDermott Will & Emery was mentioned in the January 15 issue of The Deal as legal counsel for Constellation Brands in its then proposed acquisition by BRL Hardy of Australia.
Alcohol Regulatory & Distribution, Mergers & Acquisitions
Thomas Weinberger, Todd Garvelink, Toby Kusmer, Daphne Trotter, Robert Nicholas, Felise Feingold, Jason Ment, Michael Serafini, Eric Halverson and Nathan Beaver were mentioned as the McDermott legal team advising Centerpulse's Carbomedics in its acquisition by Snia S.p.A. in the January 6 issue of the New Jersey Law Journal.
Life Sciences & Medical Products, Mergers & Acquisitions
McDermott Will & Emery was mentioned as counsel for Centerpulse in its sale of Carbomedics to Snia S.p.A. in the January 5 issues of Medical Devices & Surgical Technology Week and Heart Disease Weekly.
Life Sciences & Medical Products, Mergers & Acquisitions
McDermott Will & Emery was mentioned as counsel for Centerpulse in its sale of Carbomedics to Snia S.p.A. in the January 1 issue of Biotech Week.
Life Sciences & Medical Products, Mergers & Acquisitions
2002
Daphne Trotter was mentioned in the December 2 issue of Financial News regarding advising Carbomedics, which was acquired by Snia from Centerpulse.
Daphne W. Trotter, Mergers & Acquisitions
McDermott Will & Emery was mentioned in the November 14 issue of the Gazette for their work advising Britannia Living and Graphite Capital Management on the £22 million recommended cash offer for The Range Cooker company.
London, Mergers & Acquisitions
Nicholas Azis was listed in the November 11 issue of Financial News as part of the law team acting for Britannia Living in their offer for Range Cooker.
Nicholas Azis, London, Mergers & Acquisitions
David Marx was quoted in the September 9 issue of Mergers & Acquisitions Report in regard to the FTC's recent decision to "reinvigorate the Commission's hospital merger program," with the creation of a merger litigation task force. Mr. Marx said that since the FTC hasn't won a case in court on a hospital merger in nearly a decade, most acquiring firms are not concerned about acquisition-related issues as a result of the new task force.
David Marx Jr., Health, Health - Antitrust, Health - M&A, Mergers & Acquisitions
David Marx was quoted in the August 9 issue of The New York Times in regard to the recent statement by the chairman of the Federal Trade Commission (FTC), which proclaimed his agency planned to step up scrutiny of past hospital mergers and groups of doctors to make sure they had not joined forces simply to fix prices. This new focus of the FTC, largely due to the increase of medical costs, will be determining whether previous hospital mergers have allowed them to charge more of if they have actually benefited patients. In regard to the agency's focus on the medical industry, Mr. Marx commented, "The FTC appears to be reinvigorated. Chairman Muris views health care as very, very important, and I think he is exerting considerable influence."
David Marx Jr., Health, Health - M&A, Mergers & Acquisitions
McDermott Will & Emery's involvement in the Schmalbach takeover was featured in the June 10 issue of The Lawyer. Marvin Artis, Ralf Eckert, David Hardy, Steven Hull, Diane Morgenthaler, Daniel Rabinowitz and Ellen Tenenbaum were mentioned as the Firm’s legal team.
International, Mergers & Acquisitions
McDermott Will & Emery’s involvement in Schmalbach-Lubeca’s sale of its two divisions to Amcor, an Australian packaging company was mentioned in the May 30 issue of Legal Week.
International, Mergers & Acquisitions
Toby Kusmer was quoted in the March 1 issue of Boston Business Journal in an article addressing M&A activity in the telecom sector. Mr. Kusmer commented that "there’s some bottom-fishing right now," and many of the current deals are considered "distress" sales."
Toby H. Kusmer PC, Mergers & Acquisitions, Restructuring & Insolvency, Telecommunications
2001
McDermott Will & Emery was referred to as offering "U.S.-style advice" to UK companies including ING Barings, IAC Holdings and Chrysalis in the August 20 issue of Financial Times. The article, "Going for the American option..." addresses the increased options for UK companies regarding legal advice on big corporate deals — U.S firms with London offices.
Corporate, Corporate - London, International, London, Mergers & Acquisitions
McDermott Will & Emery was mentioned in the July 24 Daily Deal in regard to providing legal counsel to Maynard Oil Co.
McDermott Will & Emery was mentioned in the July 24 Dallas Morning News in regard to Maynard Oil Company hiring the Firm as legal counsel to assist with potential merger or sale opportunities for the company.
McDermott's U.S. partners were included in a list of biotech M&A deals in the second half of 2000 in the January 25 issue of Legal Week.
