Private equity firms face tremendous pressure to deploy capital, all in the current market of hyper competition. Opportunities abound for the firm that is capable of making sound decisions in a fast-paced environment. Yet to maximize deal value requires avoiding legal pitfalls. The private equity lawyers at McDermott deliver pragmatic, strategic solutions to clients, providing sophisticated guidance to achieve the best outcome possible for any given transaction.
McDermott consistently ranks in the leading league tables, including Mergermarket, Thomson Reuters, Bloomberg and PitchBook. We also are ranked nationally in the United States, Germany and the United Kingdom by various Chambers guides, with The Legal 500 awarding the Firm “Team of the Year” for Middle Market M&A/Buyouts.
We advise private equity firms investing globally and are at our best as a valued business partner. We cover the lifecycle of an investment, from leading the initial acquisition to serving as trusted counsel for the portfolio company’s ongoing business and eventual sale.
We counsel clients on all aspects of private equity transactional activity, from buyouts that create new platforms to recapitalizations, investments for growth, non-control and minority positions, and distressed acquisitions. For many investments, the exit is as important as the acquisition; we also help clients develop and execute sound exit strategies, ranging from strategic dispositions and auction sales, to taking the company public.
Clients appreciate our full-service approach to private equity transactions. We deliver a complete legal offering, with each team led by private equity lawyers who in combination with skilled lawyers from our highly ranked and recognized practices to address the associated legal issues. Additionally, we possess demonstrated success across many sectors – energy, consumer goods, technology, industrials and health care, the latter of which draws on the Firm’s leading health regulatory practice. Coupled with our ability to get the deal done, this creates a winning combination that differentiates us from the competition.
Our global restructuring and insolvency team is skilled at representing private equity firms and their portfolio companies with the acquisition of distressed assets. In particular, our sophisticated strategic and legal advice enables clients to navigate the peculiarities associated with asset sales in Chapter 11 and 7 bankruptcy cases, UCC Article 9 foreclosures, and out-of-court restructurings. We have had success with section 363 bankruptcy sales and are adept at pursuing “stalking horse” status for clients. Similarly, clients rely on our experience when acquiring assets through a debtor’s plan of reorganization in Chapter 11 bankruptcy cases, with particular respect to the various legal complications often associated with such transactions.
McDermott provides private equity firms active in the energy market a complete transactional and regulatory team to handle every aspect of an energy investment. In addition to our skill as deal lawyers, we are experienced in handling all aspects of the energy markets, such as generation, production, transportation, regulation and marketing of energy, including electric power and transmission, oil and natural gas production and transportation, pipelines, refining and storage, and renewable energy. We represent private equity firms in the acquisition and sale of, and investment in, all aspects of the energy and commodity business. In addition, we regularly evaluate and negotiate various joint venture interests in oil and gas, electric power, pipeline and related projects, and agribusiness.
McDermott’s finance team provides critical legal services to private equity funds and their portfolio companies, along with information and advice regarding emerging market trends and issues, to ensure deal financing is structured as advantageously as possible. With deep experience structuring deals for the acquisition, recapitalization, refinancing and disposition of portfolio companies, as well as transactions for add-ons and restructurings, our finance team is particularly skilled at working with private equity firms to tailor multi-layered financing packages to meet the specific and unique characteristics of each deal. We have deep relationships with numerous lenders active in the private equity marketplace. These relationships allow us to think creatively in evaluating lenders and financing approaches for each deal.
Our Investment Funds group is a part of the Firm’s Top 10 (Pitchbook 2017) Private Equity practice, which serves as lead counsel to clients in all aspects of their lifecycles, including from fund formation to platform acquisitions and financings to portfolio add-on acquisitions and refinancings and eventual exits. Our multidisciplinary team includes skilled lawyers from our “Team of the Year” Tax practice (U.S. News – Best Lawyers 2016) and our Employee Benefits & Executive Compensation, Finance, Regulatory and SEC Enforcement Defense practices, all of which work hand-in-hand to tackle highly complex matters.