M&A and Corporate Transactions

We help companies and investors foresee new opportunities, solve problems and efficiently drive transactions to close.

Our approach

It’s an exciting time to be in the market. Global trade, regulation and the equity and credit markets are shifting rapidly. We keep investors and executives ahead of the curve, helping them close transactions that fuel future growth.

Confidence in dealmaking is growing. We learn from the hundreds of deals each year what’s “market” and what’s changing. Our collective knowledge helps businesses grow through transformational transactions such as:

  • Mergers
  • Acquisitions
  • Divestitures
  • Joint ventures
  • Licensing
  • Other strategic agreements

But while the opportunities grow, closing the deal now takes more skill than ever.  We know how to spot and craft solutions to the issues that could derail a transaction—from developing creative ways to bridge gaps between buyers and sellers, to overcoming regulatory and legal hurdles.

Our goal is to help buyers stand apart from fierce competition for high-value targets and protect the future value of their investments.  And to provide sellers with sharp insight into the shifting dynamics of the market and the factors that impact value.

Who we work with 

Companies and private investors across sectors but especially in:

  • food, beverage and agriculture
  • health care
  • manufacturing
  • consumer products
  • Big Data and other technology
  • life sciences

Representative Experience

  • Advised Constellation Brands in a revised agreement with Anheuser-Busch InBev that makes Crown Imports a fully owned entity of Constellation through a complete divestiture of Grupo Modelo’s U.S. business. The transaction has been called “a game changer” by the media and is one of the largest M&A deals of 2013.
  • 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).
  • Advised the Gannett Company on its $2.2 billion acquisition of the Belo Corporation in a deal that almost doubles Gannett’s television operations. The deal is the biggest local television station sale in about a decade and comes amid of a wave of consolidation in the industry.
  • Advised W.P. Stewart & Co., Ltd., an equity manager, in its acquisition by AllianceBernstein L.P., a global investment management firm with $447 billion in assets under management.
  • 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 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 Connecticut-based, nonprofit health care system, Lawrence & Memorial Corporation, on its acquisition of the assets of Rhode Island’s The Westerly Hospital and certain affiliated companies. This transaction was recognized in 2014 as “Healthcare/Life Sciences Deal of the Year” by M&A Advisor.
  • 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 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).
  • 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 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.

Why the Delaware ruling on Akorn-Fresenius deal matters

Financial Times | October 19, 2018

Rochester Complex Commercial Disputes partner Carolyn Nussbaum is quoted in this article analyzing an important recent decision by the Delaware Chancery Court regarding Material Adverse Effects in corporate M&A deals.

Don't miss it: Nixon Peabody pilots Tegna’s $105M TV stations deal

Law360 | August 24, 2018

Washington DC partner and team leader John Partigan is mentioned in this article for leading the deal team in Tegna Inc.’s $105 million acquisition of local television stations in Ohio and Texas. The deal team also included partners Sean Clancy, Brian Kopp, Jean McCreary and Denise Pursley; counsel Todd Shinaman; and associates Pierce Han, Dara Histed, Carolyn Lowry and Dana Stanton.

Deal bolsters Eagle Bancorp Montana’s presence in north Montana

American Banker | August 22, 2018

Nixon Peabody is mentioned in this article for our representation of Eagle Bancorp Montana in their acquisition of northern Montana’s Big Muddy Bancorp.

Constellation stashes more Canopy Growth

The Deal | August 15, 2018

Seven attorneys from the Corporate and Global Finance practices—Lori Green, Sarah Abel, Dan Fabian, Isaac Figueras, Pierce Han, Craig Mills and Lloyd Spencer—are mentioned in this story for advising client Constellation Brands on its cash investment in Canopy Growth Corp.

Smart alliance: How to choose your business partner

The Swedish-American Chamber of Commerce | August 01, 2018

New York City Corporate partner Dick Langan wrote this contributed article outlining the factors to consider before partnering with another company on a business venture.

Tips for smooth business sales

Providence Business News | July 20, 2018

Providence Corporate partner Adam Gwaltney wrote this contributed article outlining five areas of focus for a business owner looking to sell in an environment of high valuations.

Montana Highlights

Big Sky Business Journal | April 09, 2018

Nixon Peabody is mentioned in this roundup of major Montana business news for its representation of Eagle Bancorp Montana, Inc., in its acquisition of Ruby Valley Bank in Twin Bridges, Montana. Nixon Peabody’s deal team was led by Public Company Transactions partner Lloyd Spencer and senior counsel Ray Gustini and included Public Company Transactions partner Sean Clancy, Real Estate partner Colette Dafoe, Energy & Environmental Group partner Jean McCreary, and Labor & Employment partners Jeff Gilbreth, Yelena Gray and Tom McCord.

M&A Drives Health Systems' EHR Consolidation

Modern Healthcare | April 03, 2018

Providence health care partner Chris Browning is quoted in this article on the advantages for hospitals that move to a single shared electronic health records platform.

Don't Miss It: Hot Deals & Firms We Followed This Week

Law360 | February 16, 2018

Washington DC public company transactions partner and practice group leader John Partigan led a team from Nixon Peabody that advised client Tegna Inc. on its acquisition of two television stations and two radio stations in the San Diego media market.

Local M&A Activity Heats Up in Early 2018, but Will It Last?

Boston Business Journal | February 12, 2018

Boston M&A and corporate transactions deputy practice group leader Chris Keefe is quoted in this article for his outlook on the pipeline of M&A deals involving Massachusetts businesses, saying it’s “fuller than it’s been in several years.”

M&A Tactics Evolve to Maintain 'Local' Rep of Small Brands

FoodDive | January 19, 2018

Rochester M&A and corporate transactions partner Tyler Savage is quoted in this article outlining how smaller brands can maintain consumer trust after they are acquired by a larger entity.

Material Adverse Change Clauses Provide Insight into Transaction Trends

Transactions Advisors | January 17, 2018

The Nixon Peabody 2017 MAC Study, which examines negotiating trends in mergers and acquisitions, is discussed in this article. Nixon Peabody’s M&A Indemnification Survey was also included in this feature.

Evolving M&A strategies seek to preserve “local” feel of regional brands post-partnership

FoodNavigator-USA | January 10, 2018

Rochester M&A and corporate transactions partner Tyler Savage and associate Isaac Figueras are featured in this article about how national and international brands are creating new strategies to enter regional markets.

What the tax bill means for the middle market

Mergers & Acquisitions | December 22, 2017

In this Q&A, New York City public company transactions partner Dick Langan discusses the new U.S. tax reform and which industries will benefit the most from the changes.

What New Brunswick companies should know about New England’s building sector

Opportunities NB Blog | December 15, 2017

This Q&A features Boston M&A and Corporate Transactions partner Chris Keefe and recaps his presentation about doing business in the U.S. at Greenbuild, a conference focused on sustainable building and design.

How nation’s new tax law might affect charitable organizations

Rochester Business Journal | December 15, 2017

Rochester private equity and investment funds partner Jeremy Wolk, M&A and corporate transactions counsel Anita Pelletier and Washington DC M&A and corporate transactions partner Mike Cooney authored this column about the impact of U.S. tax reform on nonprofits.

Key Findings from 2017 Survey of M&A Indemnification Deal Terms

INSIGHTS | December 01, 2017

Nixon Peabody’s M&A Indemnification Survey is included in this feature.

New York health officials OK first cross-state hospital merger

Buffalo Business First | November 16, 2017

The following coverage mentions Albany health care partner Peter Millock for his representation in a proposed first-ever interstate hospital merger in New York State.

Panel advances first cross-state hospital merger

Politico | November 16, 2017

The following coverage mentions Albany health care partner Peter Millock for his representation in a proposed first-ever interstate hospital merger in New York State.

The good and bad news about the GOP tax plan

The Real Deal | November 03, 2017

Washington DC tax credit finance and syndication partner Rick Goldstein is quoted in this article discussing how the GOP’s proposed tax reform plan will affect affordable housing.

Republicans unveil their tax overhaul plan

WCVB-TV (Hearst Television Affiliate) | November 02, 2017

Washington DC M&A and corporate transactions partner Ken Silverberg is interviewed in this segment about Congressional Republicans’ proposed tax code overhaul.

Episode #799: Corporate! Income! Tax!

Planet Money by NPR | October 11, 2017

Washington DC M&A and corporate transactions partner Ken Silverberg is interviewed in this podcast about the proposed changes to the corporate income tax.

Nixon Peabody's on-site incubator a boost for LGBT entrepreneurs

American Lawyer, National Law Journal, Law.com | September 14, 2017

San Francisco office managing partner Tom Gaynor and IP counseling and transactions partner On Lu are quoted in this feature article about the StartOut Growth Lab, an LGBT startup accelerator based in Nixon Peabody’s San Francisco office.

International due diligence in cross-border franchise transactions

Franchise Law Journal | September 01, 2017

Washington DC M&A and corporate transactions partner Kendal Tyre, public company transactions associate Pierce Han and IP litigation associate Nia Newton authored this article about the due-diligence first steps that franchising systems should take when expanding internationally.

4 M&A partners join Nixon Peabody’s new N.C. office

Law360 | July 17, 2017

The article focuses on the arrival of M&A and corporate transactions partners John Erwin Brian Brown, Angie Cottrell and Isabelle de Smedt, and paralegal Patricia Harris as well as the firm’s Raleigh office.

Nixon Peabody opens in North Carolina with K&L Gates hires

American Lawyer | July 10, 2017

The following coverage is about the arrival of M&A and corporate transactions partners John Erwin, Brian Brown, Angie Cottrell and Isabelle De Smedt to Nixon Peabody’s new Raleigh, North Carolina office.

What’s Market: 2017 Mid-Year Trends in Large Cap and Middle Market Loan Terms

Thomson Reuters Practical Law | July 01, 2017

New York Banking & Finance partner Alexandra Margolis provides commentary on 2017 loan market trends in large cap and middle-market loan terms. Click here to read the full article.

Law firm lends office space support to new LGBTQ startout lab

San Francisco Chronicle | June 25, 2017

San Francisco M&A and corporate transactions partner Tom Gaynor is quoted throughout this feature about the San Francisco office’s StartOut Growth Lab. The article highlights the program, the reasons behind it, and the collaboration between Nixon Peabody and StartOut.

4 key elements supply chain managers should bear in mind when reviewing commercial contracts

Supply Chain Management Review | June 19, 2017

Boston M&A and corporate transactions partner Haydon Keitner authored this column about four things supply chain managers should consider when reviewing commercial contracts.

Crowdfunding your startup guide to EB-5 financing for startups

Medium | May 25, 2017

San Francisco M&A and corporate transactions partner Jinjian Huang and associate Sterling Chan co-authored this column about how startups can leverage the EB-5 Immigrant Investor Program as a source of financing.

Law360 names attys who moved up the firm ranks in Q1

Law360 | April 28, 2017

This article mentions recent leadership promotions at the firm including David Brown, Jared Lusk, Jim Vallee, Graham Beck, Kathleen Ceglarski Burns, Emily Crandall Harlan, Daniel Gibbons, Linda Huber, Ilana Kameros, Haydon Keitner, Darren Miller, Neal Pandozzi, Edward Puerta, Stephen Reil, and Elizabeth Young.

What’s up with this M&A materiality scrape?

Bloomberg Law Mergers & Acquisitions Law Report | April 03, 2017

Boston M&A and corporate transactions partner Haydon Keitner authored this column about materiality scrapes in M&A agreements.

SJC decision on EMC lawsuit could have broad implications for Mass. Boards

Boston Globe | March 23, 2017

Boston government investigations and white collar defense associate Eric Walz, commercial litigation partner George Skelly and M&A and corporate transactions senior counsel Bill Kelly provided insight about how legal decisions can have broader business implications for clients in this article about a Massachusetts Supreme Judicial Court decision involving former EMC corporation chief executive Joe Tucci and EMC’s shareholders.

Before acquiring a firm, check its cybersecurity setup

Rochester Business Journal | March 17, 2017

Rochester private equity and investment funds partner Jeremy Wolk and labor and employment associate Jenny Holmes co-authored this column about cybersecurity due diligence.

Recent merger ruling is good for Massachusetts directors

Law360 | March 17, 2017

Boston commercial litigation partner George Skelly, M&A and corporate transactions senior counsel William Kelly and government investigations and white collar defense associate Eric Walz contributed this article about the Massachusetts SJC’s guidance regarding fiduciary duties of directors of publicly traded Massachusetts corporations.

3 Firms Steer $1B Real Estate Portfolio Deals Through Feb.

Law360 | March 09, 2017

Boston M&A and corporate transactions partners Linda Ji and Jack Fainberg were noted as representing Chinese companies Cindat Capital Management Ltd. and Union Life Insurance Co. in a joint venture to invest $930 million in a real estate portfolio held by U.S. health care company Welltower Inc. The full deal team included partners Allen Lynch, Colette Dafoe, and Sean Clancy, and associates Dustin Hawks, Julia Walcott, and Alexander Rosso.

Kang’s take: How does private equity connect with millennials?

The Wall Street Journal | March 07, 2017

A Nixon Peabody Hot Topics event is mentioned in this article about how private equity firms can unlock the untapped potential of the consumer and retail sector by connecting with millenials and capitalizing on their preferences.

3rd Circ. Rules Car Shippers Immune From Antitrust Suit

Law360 | January 19, 2017

Los Angeles M&A and corporate transactions partner Bob Yoshitomi and Washington DC M&A and corporate transactions counsel Eric Jeffrey are noted as representing the defendants in this article about a decision by the 3rd Circuit to dismiss litigation against international shipping companies in a price fixing case.

People on the Move

Boston Business Journal | January 19, 2017

The arrival of new Providence M&A and corporate transactions partner Adam Gwaltney is featured in this roundup of business movers and shakers.

People Movers

Mergers & Acquisitions | January 19, 2017

The arrival of Providence M&A and corporate transactions partner Adam Gwaltney is featured in this roundup of people on the move.

2017 M&A Outlook Clouded By Shifting Political Environment

Law360 | January 02, 2017

Nixon Peabody’s 15th Annual MAC Survey is mentioned in this article focused on the M&A outlook in 2017.

MA survey reflects optimism

The Daily Record (NY) | December 22, 2016

This article highlights Nixon Peabody’s annual MAC survey, citing the survey’s findings throughout. New York City public company transactions partner Dick Langan is quoted discussing the 2016 deal landscape and the history of this survey.

Shippers slam feds' brief in 3rd Circ. antitrust row

Law360 | December 09, 2016

Los Angeles M&A and corporate transactions partner Bob Yoshitomi and Washington DC M&A and corporate transactions counsel Eric Jeffrey are noted as representing the defendants in this article about arguments arising after a U.S. District judge’s decision in an a matter involving international maritime shippers.

Shipping Act Allows State Antitrust Claims, Fed. Agency Says

Law360 | December 02, 2016

Los Angeles M&A and corporate transactions partner Bob Yoshitomi and Washington DC M&A and corporate transactions counsel Eric Jeffrey are noted as representing the defendants in this article about multidistrict litigation involving several international shipping companies.

Attorneys published in International Franchising 2016

Nassau Guardian | November 30, 2016

Washington DC M&A and Corporate Transactions partner Kendal Tyre is mentioned in this article announcing the publication of “International Financing 2016:  Legal and Business Considerations.” Kendal developed the reference guide with more than 70 attorneys from around the world.

3rd Circ. could clarify preemption in shipping antitrust suit

Law360 | November 17, 2016

Los Angeles M&A and Corporate Transactions partner Bob Yoshitomi and Washington DC M&A and Corporate Transactions counsel Eric Jeffrey are noted as representing the defendants in a matter being considered today by the Third Circuit as to whether international ocean shipping companies are liable in a lawsuit brought by purchasers who accuse these companies of price fixing for vehicle transport.

Directors’ fiduciary duties come into focus at year-end

Rochester Business Journal | November 11, 2016

Rochester Private Equity & Investment Funds partner Jeremy Wolk and M&A and Corporate Transactions associate Isaac Figueras authored this column about the fiduciary duties of boards of directors at year end.

Career tracker: Lawyers on the move

Reuters | October 14, 2016

This news brief notes Rochester M&A and corporate transaction counsel Ron Fondiller’s arrival to Nixon Peabody.

On the Move

The Daily Record (Rochester, NY) | October 07, 2016

This news brief includes the arrival of Rochester M&A and Corporate Transactions counsel Ron Fondiller, who is the former senior vice president and general counsel of Constellation Brands’ wine and spirits division.

A Slow and Steady Approach for Nixon Peabody

Asian Legal Business | October 04, 2016

China & Asia-Pacific chair David Cheng and Global Strategies Committee chair and IP Counseling & Transactions practice group leader Jeff Costellia are quoted in this article focused on Nixon Peabody’s strategic expansion in Asia.

Vendere impianti, attrezzature e macchinari in USA... come minimizzare, l’esposizione alle passività fiscali, le vendite

Fiscalità e Commercio Internazionale | October 01, 2016

Article by Charles Bernardini and Frank Emmons on sales tax and use tax issues facing foreign companies selling and installing manufacturing equipment in the United States.

Nixon Peabody Adds Corporate Partner in Rochester, NY

Law360 | September 28, 2016

This feature story highlights the arrival of Rochester M&A and corporate transactions partner Tyler Savage.

Seed Co. Settlement Sends Warning Signal To Exporters

Law360 | September 20, 2016

Washington, DC, M&A and corporate transactions partner Alexandra López-Casero and associate Anjali Vohra co-authored this piece that discusses the significance of the U.S. Department of the Treasury’s $4.3 million penalty against PanAmerican Seed Company as it demonstrates that the treasury’s Office of Foreign Assets Control will continue to vigorously enforce Iran sanctions violations and serves as a lesson to exporters as to the prevailing pattern of violations resulting from the use of intermediaries.

Export Agroalimentare Negli USA

Gazzetta di Parma | September 06, 2016

Partner Charles Bernardini is included in this article on a discussion of exporting food and beverage products to the United States.

Kat Murphy Fulfilled by Mental Challenge of Practicing Law

The Daily Record | August 11, 2016

Rochester corporate transactions associate Kat Murphy is profiled in this article.

Career Tracker: Lawyers on the move

Reuters Legal | July 20, 2016

This coverage notes that Los Angeles health care partner Jill Gordon has been elected to the firm’s management committee, and that M&A and corporate transactions partner Tom Gaynor has been tapped as the San Francisco office managing partner.

New York's craft beverage industry moves forward

Buffalo Law Journal | July 04, 2016

Food, Beverage & Agriculture team members New York City associate Jackie Sudano and Rochester associate Joe Carello provide commentary in this in-depth feature article that looks at the current state of New York’s craft beverage industry.

DoD Cybersecurity: Safeguarding Unclassified Covered Defense Information

Government Contracting Law Report | July 01, 2016

Washington, DC, partner Vincent Napoleon and associate Harini Kidambi co-authored this column discussing steps being taken by the Department of Defense to minimize vulnerabilities and the impact of cyberattacks against defense contractors.

N.H. bill sent to governor puts new weight behind parts statute, DOI stance, includes aftermarket ban for violators

Repairer Driven News (RDN) | June 15, 2016

M&A and Corporate Transactions partner Jim Hatem provided commentary for this article on the proposed New Hampshire bill formalizing a DOI stance on new-vehicle aftermarket parts as law and putting some serious teeth into an existing parts disclosure statute.

The dealmaker behind the San Francisco Museum of Modern Art and Fisher Family partnership

Art Daily | May 16, 2016

This article features Nixon Peabody’s role as deal counsel and advisor to San Francisco Museum of Modern Art (SFMOMA) and the Fisher Family to create a first-of-its-kind collaboration between a museum and a collection. Los Angeles partner and Arts & Cultural Institutions leader Thad Stauber led the NP team in this unprecedented agreement with support from Washington, DC, partner Mike Cooney and Los Angeles partner Matt Grazier. SFMOMA opened to the public on May 14, featuring an expansive new addition displaying hundreds of pieces of postwar and contemporary art work from the Fisher Family.

Nixon Peabody Adds Ex-Winston & Strawn Deals Pro

Law360 | March 30, 2016

The following coverage notes San Francisco M&A and corporate transactions partner Jin Huang’s arrival to the firm.

In All Seriousness...Contracts Are Unintentionally Funny & Oddly Bizarre

The Deal | March 15, 2016

Private equity partner and Manchester managing partner Andrew Share authored this piece that recaps a top 15 list of actual contract provisions and contract negotiations that highlight some bad examples of what, no doubt, were well meaning intentions.

N.Y. takes aim against transgender discrimination in the workplace

Rochester Business Journal | March 11, 2016

Rochester partner Jeff LaBarge and associate Kim Harding co-authored this law column discussing transgender discrimination issues in the workplace.

Contenzioso commerciale negli Stati Uniti d'America – Italia. Rifiuto di testimoniare

Il Bollettino dell'Associazione Internazionale Giuristi di Lingua Italiana | March 01, 2016

Partners Charles Bernardini and Kevin Shea co-authored this article discussing the refusal to testify by an Italian witness in U.S.-Italian cross-border commercial litigation. Click here to read the full article.

INSIGHTS: Outlook for the U.S. Leveraged Loan Market in 2016

Bloomberg BNA Banking Report | February 22, 2016

New York Banking & Finance partner Alex Margolis authored this column providing an overview of the 2016 leveraged loan market. Click here to read the full article.

FDA takes steps to define ‘natural' on food labels

Rochester Business Journal | February 12, 2016

Rochester partner Jeff LaBarge and Buffalo associate Tracey Scarpello co-authored this column on steps the Food and Drug Administration is taking to define “natural” on food labels in the changing landscape of food ingredient and production.

Navigating the new rules of securities-based crowdfunding

Rochester Business Journal | January 15, 2016

Rochester M&A and Corporate Transactions partner Jeff LaBarge and Rochester associate Brian Becker authored this column discussing how clients can best leverage the new rules of securities-based crowdfunding.

North Korea is Newest Frontier for a Daredevil Investor

New York Times | January 14, 2016

Washington, DC, M&A and Corporate Transactions group partner Alexandra Lopez-Casero is quoted in this article regarding investments in North Korea that may violate American sanctions.

Problems in DOD Plan to Reduce TINA Regulatory Actions

Law360 | December 21, 2015

Washington, DC, partner and leader of the Government Contracts group Vincent Napoleon and Washington, DC, associate Nia Newton co-authored this column on the latest proposed amendments to the Defense Federal Acquisition Regulation Supplement seeking to reduce unnecessary and repeated submissions of certified costs or pricing data pursuant to the Truth in Negotiation Act.

Nixon Peabody: MAC Survey shows ‘cautious optimism’

Daily Record | December 17, 2015

This article discusses the key findings in Nixon Peabody’s 14th Annual MAC Survey.

Back to top