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PRIVATE EQUITY & INVESTMENT FUNDS
Nixon Peabody is one of the leading firms in the world advising institutional investors, private equity funds, and portfolio companies. We are committed to helping clients manage risk and deploy capital in the middle and lower middle markets.
Over the past nine years, Private Equity Analyst has ranked Nixon Peabody among the most active law firms for private equity and venture capital transactions (#14 in 2013), as well as for fund formation and investments (#4 in 2013). In addition, our attorneys have been recognized as leaders in the field by Chambers USA: America’s Leading Lawyers for Business and U.S. News/Best Lawyers "Best Law Firms." In 2012, the firm was recognized by the Association for Corporate Growth (ACG) and M&A Advisor as the legal advisor of the “Middle Market Deal of the Year” as well as the “Cross-Border Deal of the Year.” This is the second year in a row we have advised on an award-winning deal.
We have a full-service platform offering advice across the spectrum of issues that can arise in the context of private equity investing, including:
- Fund formation and investments: we counsel general partners and limited partners in connection with fund structures, management issues, investments in new funds, and secondary sales
- Transactions: we represent sponsors in buyouts, minority investments, growth equity, recapitalizations, distressed acquisitions, and portfolio investment activities
- Litigation: we advise funds and managers in a variety of challenges, ranging from risk management to control contests to liquidation
While we have experience representing clients in transactions of all sizes, we are best known for our work in the middle market. We are better positioned than any other firm in the country to serve this segment of the market. The quality of our work is at the pinnacle of the legal profession, but our geographic footprint allows us to deliver value that regional or boutique firms can’t match.
Although we are sector agnostic in our approach, we have particularly deep and long-standing experience in the following areas:
- Consumer products (including food & beverage)
- Energy (traditional and renewable)
- Health care
- Higher education
- Life sciences (biotech and medical devices)
- Manufacturing
- Technology
Our broad client base and range of experience affords us tremendous market knowledge. We can offer cutting-edge perspectives on market terms and pricing. We can also provide valuable advice on negotiating techniques that will fit key business objectives and the state of the credit and capital markets. Finally, we have an exceptional network of relationships and insight into proprietary investment opportunities. We leverage these connections to make strategic, relevant introductions through NP Capital Connector.
In order to provide highly integrated support and business-oriented solutions, we team up with colleagues from a variety of disciplines, including tax, leveraged finance, capital markets, corporate governance, intellectual property, ERISA, labor and employment, real estate, and environmental.
For leveraged transactions or those involving refinancing of debt, we work with the firm’s finance attorneys on a wide range of vehicles, including unsecured and secured lending, senior and mezzanine lending, derivatives, and securitizations.
Representative Experience- Represented Blu Homes, a maker of "green, precision-built" prefabricated homes based in Massachusetts and California, in completing its first institutional round of investment, totaling nearly $60 million.
Represented Blu Homes, a maker of "green, precision-built" prefabricated homes based in Massachusetts and California, in completing its first institutional round of investment, totaling nearly $60 million. The financing round was led by Netherlands-based Skagen Group. With initial private funding, investment in Blu Homes now totals nearly $69 million since it began operation in 2008. - Represented Constellation Brands (NYSE: STZ) in its acquisition of Grupo Modelo’s 50% stake in Crown Imports from Anheuser-Busch InBev (NYSE: BUD) for $1.85 billion.
Represented Constellation Brands (NYSE: STZ) in its acquisition of Grupo Modelo’s 50% stake in Crown Imports from Anheuser-Busch InBev (NYSE: BUD) for $1.85 billion. - Represented Wyse Technology in its highly publicized sale to Dell (NASDAQ: DELL), the world’s third-largest maker of personal computers.
Represented Wyse Technology in its highly publicized sale to Dell (NASDAQ: DELL), the world’s third-largest maker of personal computers. Wyse was a cloud computing company backed by Garnett & Helfrich. . . . View all . . .
- Advised Eastman Kodak Company in the sale of its Eastman Gelatine subsidiary to Rousselot, a division of VION Food Group.
Advised Eastman Kodak Company in the sale of its Eastman Gelatine subsidiary to Rousselot, a division of VION Food Group. This transaction was recognized in 2012 as “Middle-Market Deal of the Year” as well as “Cross-Border Deal of the Year” by M&A Advisor and the Association for Corporate Growth (ACG).
- Represented North American Partners in Anesthesia (NAPA), the largest single specialty anesthesia management company in the United States, in the majority recapitalization of its affiliated practice management company with Moelis Capital Partners.
Represented North American Partners in Anesthesia (NAPA), the largest single specialty anesthesia management company in the United States, in the majority recapitalization of its affiliated practice management company with Moelis Capital Partners. This transaction was recognized in 2011 as “Middle-Market Deal of the Year” as well as “Healthcare & Life Sciences Deal of the Year” by M&A Advisor and the Association for Corporate Growth (ACG).
- Counsel to Exinda, a provider of next-generation WAN optimization solutions, in a variety of corporate transactions.
Counsel to Exinda, a provider of next-generation WAN optimization solutions, in a variety of corporate transactions. Backed by OpenView Venture Partners, Exinda is the recipient of the 2012 Red Herring 100 Americas Award, which recognizes the top private companies playing a leading role in innovation and technology.
- Represented Kozy Shack, a family-owned business and manufacturer of refrigerated desserts, in its sale to Land O’Lakes, the second largest agricultural cooperative in the United States.
Represented Kozy Shack, a family-owned business and manufacturer of refrigerated desserts, in its sale to Land O’Lakes, the second largest agricultural cooperative in the United States.
- Represented the senior management of Au Bon Pain in a management buyout from Compass Holdings that included a group of equity investors led by PNC Equity Management.
Represented the senior management of Au Bon Pain in a management buyout from Compass Holdings that included a group of equity investors led by PNC Equity Management.
. . . Hide Representative Experience . . .Thought Leadership/AlertsNew York State contemplates laws to allow private equity and publicly traded investment in health care facilities
Health Law Alert | March 13, 2013 Ralls case illustrates the importance of proactively engaging CFIUS in transactions that could raise national security concerns
M&A Advisor | March 8, 2013 . . . View all . . .
Can a company director always obtain access to the advice of counsel that was provided to the company?
Commercial Litigation Alert
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February 27, 2013
A year in review: CFIUS' latest report provides valuable insight on past filings and on new national security concerns affecting the acquisition of U.S. businesses by foreign parties
M&A Advisor
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February 4, 2013
Webinar Recording: The New World of Raising Capital in Life Sciences
Originally recorded December 13, 2012
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December 14, 2012
Collateral manager vindicated as SEC drops claims alleging disclosure violations in $1.1 billion CDO Squared offering
Securities Law Alert
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November 21, 2012
Nixon Peabody's 2012 MAC Survey
October 22, 2012
Congress takes action to approve crowd-sourced equity financing
Private Equity Alert
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January 9, 2012
Webinar Recording: Adding Insult to Injury: Investors in Madoff Feeder Funds Are Still Targets for Litigation
November 7, 2011
Adding Insult to Injury: Investors in Madoff Feeder Funds Are Targets For Claw Back Suits
October 15, 2011
Webinar Recording: Trends in Material Adverse Change (MAC) Clauses
October 13, 2011
Nixon Peabody's 2011 MAC Survey
October 5, 2011
SEC No-Action Relief from Pay-to-Play Recordkeeping Rule
Private Equity Alert
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September 19, 2011
They don't call it a survival clause for nothing; poor contract drafting can make your chances of obtaining a legal remedy as good as dead
M&A Advisor
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September 7, 2011
FATCA as applied to investment funds: suggested fund agreement provisions
Private Equity Alert
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June 10, 2011
Reverse triangle merger may violate a contract clause prohibiting assignment by operation of law
M & A Advisor
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May 6, 2011
Reviewing redundancy requirements and service level agreements in light of the Amazon Cloud outage
M & A Advisor
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April 27, 2011
M&A Executive Insights 2011
April 12, 2011
Preserving the privilege: attorney-client communication in the sale of business assets
M & A Advisor
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April 5, 2011
UPDATE: Founders/Investors/VCs—Issue stock now to qualify for zero tax on capital gain
Venture & Technology Alert
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December 21, 2010
Nixon Peabody's 2010 MAC Survey
MAC Survey
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December 6, 2010
Founders/Investors/VCs—issue stock now to qualify for zero tax on capital gain
Venture & Technology Alert
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November 23, 2010
Webinar Recording: Private Equity and Franchising: When Will the Money Get into the Game?
November 19, 2010
Offshore Hedge Fund Disputes: We’re Not in New York Anymore
November 8, 2010
Private Equity Newsletter, Fall 2010
Private Equity Newsletter
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September 17, 2010
India, like China, is taxing offshore acquisitions
Tax Alert
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September 15, 2010
Impact of the Dodd-Frank Wall Street Reform and Consumer Protection Act on Private Equity Funds and Other Private Pools of Capital
Private Equity Alert
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August 19, 2010
Dodd-Frank Wall Street Reform and Consumer Protection Act Signed
Global Finance Alert
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July 23, 2010
Provisions of the Senate bill to enact reforms in federal regulation of the financial industry would affect private investment funds and their advisers
Private Equity Alert
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May 26, 2010
. . . Hide Thought Leadership. . . PressNixon Peabody Attorney and Former U.S. Senator Scott Brown to Speak at the Skybridge Alternatives (SALT) Conference
May 8, 2013 Chambers Global Recognizes Nixon Peabody Partners
April 15, 2013 . . . View all . . .
Nixon Peabody's Private Equity Practice Ranks Highly in Annual Dow Jones Private Equity Analyst Survey
April 4, 2013
Chambers Recognizes Leading Nixon Peabody Attorneys and Practices
March 14, 2013
Nixon Peabody Advises in Debt and Equity Raise for Apollo Food Group
March 5, 2013
Nixon Peabody Represents Trident Advisors on Recapitalization of Simulyze
November 21, 2012
Nixon Peabody MAC Survey examines trends in M&A transactions
October 22, 2012
Nixon Peabody Advises Client in $38M Investment
October 2, 2012
Nixon Peabody Advises Blu Homes in $60 Million Round of Funding
September 14, 2012
Nixon Peabody Expands China Practice with Addition of Corporate Partner Focused on Cross Border Transactions
September 5, 2012
Nixon Peabody Advises ASIG on Acquisition of PLH Aviation Services & Dryden Air Services
September 4, 2012
Chambers Gives High Marks to Nixon Peabody LLP
June 11, 2012
Nixon Peabody Recognized as Leader by Dow Jones Private Equity Analyst
March 14, 2012
Nixon Peabody Attorneys Receive Global Recognition
March 7, 2012
Nixon Peabody Advises Leading Wi-Fi Company on $10M Financing Round
February 6, 2012
Nixon Peabody Secures Precedent-Setting Victory for Defrauded Investors in Ponzi Scheme
November 4, 2011
Nixon Peabody Advises in $20M Med Device Financing
October 21, 2011
Nixon Peabody MAC Survey Examines Trends in M&A Transactions
October 5, 2011
Nixon Peabody Advises Contour Energy Systems in Securing New Series C Funding
June 28, 2011
Chambers Gives High Marks to Nixon Peabody LLP; 47 Attorneys Recognized As Leaders
June 20, 2011
Partner John Koeppel to Lead Nixon Peabody’s Private Equity & Investment Funds Practice
April 26, 2011
Nixon Peabody Executive Insights Survey Examines M&A Activity; Most recent findings illustrate continuing upward market trends
April 12, 2011
Nixon Peabody Recognized as Leader by Dow Jones Private Equity Analyst; Firm Ranks Among the Top Five Law Firms for Seventh Consecutive Year in Annual Survey
April 7, 2011
Cleantech Company Launches State-Of-The-Art System; Nixon Peabody Serves as R3 Fusion’s Legal Counsel
March 31, 2011
Nixon Peabody Advises in Biotech Fundraising Deal
December 31, 2010
Adjustable Lens Company Secures New Series D Round; Nixon Peabody Advises Calhoun Vision in Matter
December 31, 2010
Music Industry, Family-owned Companies Join Forces; Nixon Peabody Advises in Agreement Between Leading Brands
December 22, 2010
Nixon Peabody 2010 Annual MAC Survey Finds More “Seller-Friendly” Market; Results of 2010 Survey Examine Clauses in M&A Transactions
December 7, 2010
Nixon Peabody Expands Global Business & Transactions Practice; Partner Mavis Yee Is Important Addition to China Team
August 9, 2010
Nixon Peabody Expands Its League-Leading Fund Formation Team; Private Equity Partner Kari Harris Joins Firm’s Boston Office
June 30, 2010
Chambers USA Gives High Marks to Nixon Peabody LLP; 17 Practices and 49 Attorneys Recognized as Leaders
June 11, 2010
. . . Hide Press . . . Media Clips- Annual Meetings Tip Toward Business, Less Pleasure
Buyouts | May 10, 2013
Partner and leader of the firm’s Private Equity & Investment Funds practice John Koeppel and Albany Private Equity & Investment Funds partner Todd Tidgewell discuss the current state of annual meetings for limited partners in the private equity industry. - Export Controls Reform: Understanding the 600 Series
Law360 | May 2, 2013
A team of Washington, DC, attorneys, including Government Investigations & White Collar Defense partner Grayson Yeargin and associate Lindsey Nelson, Global Business & Transactions associate Alexandra Lopez-Casero, and Private Equity & Investment Funds associate Nick Rosenberg, co-authored this column discussing the introduction of the “600 series,” which changes the rules applicable to companies that have items listed on the U.S. Munitions List. - Carlyle, KKR, TPG Raising Billions for China, But Deals May Be Scarce
Buyouts | April 29, 2013
Partner and leader of the firm’s China and Asia Pacific practice David Cheng discusses private equity deal trends in China. . . . View all . . .
EventsInvesting in Health Care: Opportunities & Challenges Ahead
June 5, 2013 | Los Angeles, CA Natural Products Consulting Institute: Becoming a More Effective Sales Manager (May 21-22) and Financing Your Consumer Products Company (May 23)
May 21, 2013 | San Francisco, CA Outlook on Private Equity Secondary Transactions—Trends, Challenges & Deal Flow Opportunities
May 16, 2013 | New York, NY . . . View all . . .
Tech Investing Roundtable: Big Data, Mobility & Their Real World Applications
April 30, 2013
| Boston, MA
Fund Disputes on the Rise—Emerging Trends & Practical Solutions
April 24, 2013
| New York, NY
UVANY Webinar: "The Private Equity Play"
April 18, 2013
EVENT SOLD OUT! Investing in Wine, Spirits & Craft Brews: Current Challenges & Opportunities
January 23, 2013
| New York, NY
M&A Outlook: Trends, Issues & Opportunities
January 16, 2013
| Boston, MA
Webinar: The New World of Raising Capital in Life Sciences
December 13, 2012
Middle Market Transactional Environment: Preparing for 2013
November 14, 2012
| Buffalo, NY
Investing in Health Care: Current challenges and opportunities
October 11, 2012
| New York, NY
M&A Roundtable
October 9, 2012
| Albany, NY
International Private Equity Investments: Issues, Trends, and Exits
September 12, 2012
| Boston, MA
Asset Backed Securities: Financial Genius or the New Alchemy?
August 8, 2012
| Boston, MA
M&A Roundtable
May 15, 2012
| Albany, NY
Deal Makers or Deal Breakers: Spotlight on Private Equity Funds
April 11, 2012
| Boston, MA
Webinar: Adding Insult to Injury: Investors in Madoff Feeder Funds Are Still Targets for Litigation
November 3, 2011
70th NYU Institute on Federal Taxation
October 23, 2011
Preparing to Sell Your Business: Is Now the Time? (Hot Topics for Middle Market Companies)
June 8, 2011
Disputes at Private Equity-Owned Portfolio Companies: How to Preserve Value & Manage Risks (Hot Topics for Middle Market Companies)
April 12, 2011
Alternative Investing Summit
December 5, 2010
Webinar: Private Equity and Franchising: When Will the Money Get into the Game?
November 17, 2010
Hot Topics for Middle Market Companies
Access to the IPO Market: Industry and Market Trends
September 22, 2010
SME Business Investment Project 2010
Opération PME 2010
May 31, 2010
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