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private equity: matters
Summary Professionals Matters News Events Publications
Ongoing
Private Equity Fund - Life Sciences
Representation of fundless sponsor in raising $100 million second strategic life sciences fund. The fund will invest in biotech, biologic and medical instruments industry segments worldwide, with investors primarily based in Asia.
Ongoing
Seegene - International Counsel
Designated outside counsel to Seegene, Inc., a Seoul-based molecular diagnostics company, in its international product distribution and technology licensing, M&A, corporate and capital markets matters. Seegene has developed innovative technologies for the detection of multiple pathogens (ACP (Annealing Control Primer)TM and DPO (Dual Specific Oligonucleotide)TM).
Ongoing
Plainfield Specialty Holdings - Loan Enforcement
Representation of Plainfield Specialty Holdings in obtaining a broad-reaching preliminary injunction against Children’s Legal Services for defaulting on a $16 million loan.
Ongoing
Stelic Institute & Co. - International Counsel
Designated outside counsel to Stelic Institute & Co., a Tokyo-based bio-venture company specializing in regenerative medicine, in its international legal matters. Stelic is a fast-growing bio-ventures company with scientific research laboratories in the United States, Canada and Japan. Herrick advises Stelic on product and technology licensing matters, international licensing relationships, and on corporate structuring, equity issuance, capital markets, M&A and other matters.
2012
Private Equity Firm - Real Estate Portfolio Acquisition
Representation of private equity real estate investment firm in the acquisition of a substantial portfolio of mixed-use, multi-tenanted assets located in the Seattle metropolitan area.
Ongoing
Global Hedge Company - Exchange
Representation of a global hedge fund in the exchange of certain of its private equity holdings to a Greek public company.
2012
City of New York Comptrollers Office
Represent the New York City Comptroller in connection with an investment in a multi-million investment in a real estate focused private equity fund.
2012
Representation of Private Equity Opportunity Fund
Represent private equity opportunity fund in all aspects of the formation of the initial fund and successor fund, capital raising, and operations, including development of tax advantaged investment structures, financing of GP commitments, acquisitions of residential mortgage portfolios, financing of investments, and co-investment arrangements.
2012
Bank Repo Transaction

Representation of a New York commercial bank in the financing of investments in mortgage loans and REOs by a private equity fund through a repurchase and reverse-repurchase facility.

2012
Plainfield Asset Management - Intellectual Property Investments Sale
Representation of Plainfield Asset Management in the sale of a package of investments made in and alongside a private equity firm focusing on intellectual property. The sale included membership interests in the private equity fund as well as underlying investments in vehicles that acquired intellectual property assets.
2011
Representation of Private Equity Fund
Represent private equity fund in all aspects of the formation and operations of a $500mm pledge fund for the development of several real estate related platforms.
2011
Xiling Group - Art Investment Fund
Representation of Xiling Group in forming a new art investment fund focusing on culturally and aesthetically important Chinese art. The fund was structured as a private equity fund with certain special features to accommodate its unique investment strategy.
2011
Plainfield Asset Management - Restructuring
Representation of Plainfield in restructuring Bellator Sport Worldwide, LLC—a mixed martial arts promotional company—of which Plainfield was majority owner. As part of the restructuring, Plainfield sold a portion of their equity in Bellator to a new private equity investor and converted its outstanding loans to Bellator into new equity. A major television network purchased a 50% interest in Bellator and agreed to broadcast Bellator’s sporting events on one of the network’s cable channels.
2010
Private Equity Fund - Clean Technology
Representation of principals in a $250 million Cayman Islands-based fund investing in SE Asian clean technology projects through a Netherlands-based investment vehicle to achieve optimum tax efficiency.  Investments will be conducted in concert with local governments and the World Bank.  Investors will be domiciled in Europe, Asia and the United States.
2010
Tradenet Investments - Equity Investment
Representation of Tradenet Investments, Ltd., a venture capital investment firm whose principals are based in Singapore, in its equity investment in Georande, Ltd., a Cyprus holding company that invests in agricultural land in the Ukraine. The transaction involves linking the equity investment to an existing non-recourse loan made by a third company, MCB Finance, to Georande.
2010
ACA Investments - Investment Vehicle
We helped ACA Investments—a Singapore affiliate of our client, ACA Inc.—form an investment vehicle in the Cayman Islands as part of a tender offer play for a controlling interest in a Japanese company. We established the vehicle as a Cayman Islands exempted limited partnership.
2010
National Bank - Sale
Representation of a national bank in its sale to a private equity investment group.
2010
Private Equity Fund Manager - Litigation Funding Investment Program
Representation of a manager in setting up a multi-series private equity fund to engage in a litigation funding investment program. The fund's strategy is to advance funds to plaintiffs prior to the plaintiffs' obtaining proceeds from a settlement, judgment or verdict of their lawsuit or other claim, in exchange for the fund's right to receive an amount out of the proceeds of any realized settlement, judgment or verdict resulting from that lawsuit or other claim. The fund's multi-series structure permits the continuous offering of fund interests in a private equity structure.
2009
Small Bone Innovations - Series D Financing
Representation of SBI in its private placement of Series D Preferred Stock in three tranches.
2009
Private Equity Fund - Strategic Acquisitions
Representation of a private equity fund in acquiring an insolvent environmental services company through a plan of reorganization under Chapter 11.
2009
Private Equity Fund - Strategic Joint Venture
Representation of a private equity fund in the startup and joint venture of a new residential mortgage servicing company.
2009
Private Equity Fund - Luxury Fashion Investment
Representation of a private equity fund in its investment in a manufacturer and distributor of high-end fashion handbags and accessories.
Ongoing
Irish Hedge Fund - CDO Offerings
Representation of an Irish hedge fund in offerings of collateralized debt obligation in the U.S. and abroad.
2008
Investor Group - Motion Picture Investment
Representation of an investor group in restructuring their investment in high profile motion pictures.
2008
Private Equity Funds - PIPE Transactions
Representation of a number of private equity funds specializing in PIPE transactions.
Ongoing
Private Investment Fund - Senior Living Investments
Counsel to a large private investment fund which specializes in making investments in senior living communities throughout the United States.
2008
Nikko Capital Partners - Private Equity Fund
Representation of Nikko Capital Partners K.K. in structuring and setting up a $200 million special situations investment fund for Ant Global Partners Pte., Ltd., a subsidiary of Nikko Capital Partners K.K. as the fund manager, and two private equity funds managed by Elliott Advisors, the sole investors. The fund was structured as a Cayman Islands limited partnership and the fund manager as a Singapore private limited company.
2008
Private Equity Fund - Music Industry Deal Restructuring
Representation of a private equity fund in the comprehensive restructuring of the acquisition financing for a music catalog. The restructuring involves the purchase of a music catalog in satisfaction of acquisition financing obligations, and also the funding of a music developer's participation in a new joint venture.
2005
German Funds - Restructuring
Restructuring of multi-tiered, affiliated German syndication funds acquiring assets throughout the United States.
2008
Hedge Fund - Investment in Pre-Settlement Financing Companies
Representation of a large hedge fund in the first step of a $175+ million investment in two companies developing an integrated business product platform to increase their market position in the law firm pre-settlement financing market. The capital structure will include a $25 million senior credit facility for the group invested in, a $25 million senior subordinate credit facility to a new company that will develop the integrated business product platform, a $125 million senior facility for that new company, and a $3 million equity investment.
2008
Private Equity Fund - Investment in Technology Company
Representation of a Cayman Islands-based private equity fund in a $1 million Series B investment in a California developer and manufacturer of wireless audio and video home networking multimedia technology products.
2008
Sindicatum Carbon Capital - Green Private Equity Fund
Representation of Sindicatum Carbon Capital, an institutionally backed joint venture management company, in establishing a Cayman Islands-based private equity fund formed to make global investments in greenhouse gas reduction projects intended to generate tradable carbon credits pursuant to international treaty mechanisms.
2008
Silverleaf Capital Group - European Real Estate Fund Formation
Representation of Silverleaf Capital Group in forming a Malta based private equity fund to invest in real estate development projects in Croatia, Montenegro and Serbia.  We worked with the fund's management and other service providers to structure the fund and draft offering documents and related agreements, and to customize the fund's structure to meet investor demands.
2008
Private Equity Fund - Real Estate Fund Formation
Representation of a private equity fund in the formation of a real estate fund for investments primarily in Southeastern U.S.
2008
Investor Group - Fraud and Misrepresentation Claims
Representation of an investor group in connection with fraud and misrepresentation claims against an investment manager in various private investments.
2007-2008
Small Bone Innovations - Private Placement
Representation of Small Bone Innovations in a private placement of approximately $11 million of Series C Preferred Stock.
2008
Private Equity Fund - Sub-Prime Fund
Representation of a private equity fund in the formation of, and initial investment in, an international opportunity fund that will purchase troubled residential home mortgages, including sub-prime residential home mortgages, and work with each individual borrower to modify the terms so that they are affordable. The fund will then package or securitize the performing mortgages. The operations for this fund may very well be the first large scale private sector cure to the sub-prime debacle and reflects the private sector response advocated by the Chairwoman of the FDIC.
2007
Telecommunications Company - Asset Sale
Representation of a telecommunications company, a long-term client, in the sale of its assets and associated entities to an affiliate of a large public company for more than $100 million plus a 25% interest in the newly formed entity. This was a difficult transaction with a complicated structure; some assets were held in the Dominican Republic and subject to local regulations and approvals prior to the sale, and the seller’s business was regulated by the U.S. Federal Communications Commission.
2007
Foreign Lender - Loan Restructuring
Representation of a foreign lender in the restructuring of a $150 million mezzanine loan to an investment fund, including re-capitalization of certain fund platforms and the sale of certain fund assets. 
2007
Private Equity Fund - Investments
Representation of Plainfield Asset Management in Series B Round investment and Series C Round investments in a well-known payments system startup company.
2007
Hollinger International - Investment Monetization
Representation of Hollinger International, a major international newspaper company which owns more than 400 titles, in connection with its efforts to monetize certain of its venture capital and private equity investments.
2007
U.S. Investor - Israeli Clean Tech Fund
Representation of a U.S. investor in Israeli-focused clean technology "green" funds, including the negotiation of side letters.
2007
Private Equity Fund - Asset Sale
Representation of a private equity fund in its sale of business assets involving broadcast television licenses.
2006
Xtreme Information - Acquisition of Market Access International, Inc.
Representation of a foreign portfolio company of a private equity fund in its acquisition of a major U.S.-based media monitoring company specializing in real-time advertising and global competitive intelligence.
2006
Impala Partners - RGIS Acquisition
Representation of Impala Partners in its acquisition of a controlling interest in RGIS, a 40,000 employee mid-west inventory management solutions company, the largest in the world.
2006
Private Equity Fund - Flexible Investment Fund
Representation of a middle-market-oriented private equity fund with a model that allows investors to opt in or out of specific proposed investment transactions.
2006
Private Equity Fund - Manufacturer Restructuring
Representation of a global private equity fund in the restructuring of, and additional investment in, a leading US manufacturer of automotive and truck axles.
2005
Private Equity Fund - Hedge Fund Loan
Representation of a private equity fund in making a loan to a hedge fund for liquidity purposes, secured by the hedge fund’s securities portfolio.
2005
Dubilier & Company - Acquisition of DC Safety Sales
Representation of Dubilier & Company and other investors in connection with the acquisition and refinancing of DC Safety Sales Co., the leading supplier of OEM first aid kits.
2004
Reckson Strategic Venture Partners - Student Housing
Representation of Reckson Strategic Venture Partners, LLC in connection with the spin-off of its student housing business into, and $220 million initial public offering by, American Campus Communities, Inc. We also represented RSVP in connection with its acquisition of 100% of the equity interests in a preeminent real estate development company that develops "oasis" providing food, fuel and rest facilities along major highways.
2004
Private Investment Firm - Investment Restructuring
Representation of a private investment firm with over $325 million of capital under management, in restructuring its investment in a major producer of labels for companies throughout the world.
2002
Unilever Technology Ventures Advisory Company - Venture Capital
Representation of Unilever Technology Ventures Advisory Company LLC, an investment fund, in its formation and related investment advisory arrangement, and subsequent investments in technology-based start-up entities and venture capital funds. This fund is affiliated with Unilever NV.
1997
Real Estate Private Equity Fund - Formation
Representation of a major real estate company in forming a $300 million equity fund to acquire controlling interests in real estate operating companies.
Private Equity Restructuring
Representation of a private equity/preferred shareholder in restructuring the debt of its holding company and domestic and foreign operating subsidiaries.
Reckson Strategic Venture Partners - Formation
Representation of RSVP in its formation. RSVP is a $300 million equity fund that acquires controlling interests in real estate operating companies.
Private Equity Fund - Environmental Fund
Representation of a private equity fund in its formation of National Resources, a $100 million equity fund to acquire, remediate and dispose of environmentally troubled real estate.