Daniel McAvoy - Public Company Transactions - Nixon Peabody LLP

Daniel McAvoy



Dan McAvoy is a partner in Nixon Peabody’s Corporate practice group, focusing on the areas of private investment funds, securities, SEC regulatory matters, and mergers and acquisitions. He has served as an advisor in dozens of mergers and capital market transactions, counseling companies that range from startups to growing enterprises to middle-market funds and public companies to Fortune 500 companies. He also represents both sponsors and investors in closed-end investment funds and in investment fund transactions. He is also a co-leader of the firm’s Blockchain Technology & Digital Assets team.

What do you focus on?

I focus primarily on private investment funds, securities and securities regulation, mergers and acquisitions and investment advisory matters.

Private Investment Funds

My private investment fund practice focuses on securities law, investment advisory and regulatory issues pertaining to U.S. closed-end private investment funds, and non-U.S. funds that are looking to enter the U.S. market. I also represent secondaries funds in all types of transactions, including traditional secondaries, secondary directs, GP-led restructurings, stapled secondaries and structured JVs.

Capital Markets and Securities

I represent issuers in connection with public and private offerings of debt and equity securities, including through Regulation A+ and initial public offerings. In addition, I advise publicly traded companies in complying with their disclosure obligations under federal and state securities laws, investment advisers and broker-dealers in respect of compliance obligations and acquisitions, and major public company investors in their public company investments.

Mergers & Acquisitions

I represent acquirors and targets in connection with public and private stock mergers, asset acquisitions, tender offers and strategic investments, particularly where there are tricky regulatory concerns under investment adviser or broker-dealer laws.

What do you see on the horizon?

Over the next year, a massive proliferation of qualified opportunity zone funds so investors can maximize their tax benefits. Over the long term, further proliferation of smart contracts and tokenized security interests to eliminate unnecessary intermediaries and solve for trust issues in legal documentation.

Representative transactions

Private Investment Funds

  • Secondaries fund in a GP-led restructuring involving a tender offer by the fund for all limited partner interests with a rollover option
  • U.S. securities counsel to a group of non-U.S. investment funds with U.S. investors in connection with a roll-up transaction and initial public offering as a REIT on the London Stock Exchange
  • Representing multiple qualified opportunity zone fund managers
  • U.S. securities and regulatory counsel to over four dozen non-U.S. private investment fund managers that market to U.S. investors, open U.S. offices and/or make U.S. portfolio investments, including for private equity, venture capital, active equity, hybrid, real estate, special opportunities, secondaries and lending funds
  • Secondaries fund in the secondary direct acquisition of a portfolio of litigation finance revenue streams
  • Numerous sponsors in connection with the formation and marketing of private investment funds
  • Numerous secondary direct transactions incorporating experience in both the funds and M&A worlds
  • Family office in connection with making numerous alternative investments

Securities

  • RSE Collection, LLC, a series limited liability company that owns classic automobiles, in connection with the offering of numerous series of interests, each of which owns a single vehicle, under Regulation A+ and Rule 506(c)
  • Spherix Incorporated in connection with its registered direct offering of units consisting of Series K Preferred Stock and common stock warrants, as well as a reverse stock split
  • StoneCastle Financial Corp. in their $117 million IPO and listing on NASDAQ
  • Sofinnova Capital as a selling shareholder in connection with the initial public offerings of portfolio companies Omthera Pharmaceuticals, Inc. and VistaPrint Limited
  • Addus Homecare, Inc. in connection with its $54 million initial public offering and listing on NASDAQ
  • Barnes Group Inc. on its $200 million Rule 144A convertible note offerings
  • Wilmington Trust Corporation in each of a public debt offering, a public stock offering and an at-the-market offering of its stock

Mergers & Acquisitions

  • Deutsche Börse AG in the sale of the assets of Market News International to Hale Global
  • Major European investment bank in connection with its acquisition of all of the shares of a U.S. registered broker-dealer
  • Dynamics Research Corporation on the tender offer for the company by Engility Corporation
  • Gannett Co., Inc., on its $2.2 billion merger with Belo Corp., increasing the size of its broadcast television business from 23 to 43 stations
  • Gannett Co., Inc., on its $1.8 billion acquisition of Cars.com, the second largest automobile classified website in the U.S.
  • TEGNA Inc., on its sale of Point Roll, Inc. to Sizmek, Inc.
  • Palm Bay International, Inc., on the sale of its interest in the Skinny Girl Margarita business
  • W.P. Stewart & Co., Inc. in connection with its acquisition via public tender offer by AllianceBernstein for a mix of cash and contingent value rights (CVRs)

Presentations & Publications

  • Securities Law Considerations for Sponsors of Qualified Opportunity Zone Funds,” Bloomberg Tax Management Real Estate Journal, Vol. 35, No. 4, April 2019
  • Securities Law Considerations for Sponsors of Qualified Opportunity Zone Funds,” Insights, March 2019
  • “Legal crypto concerns for family offices,” Family Office Association Conference, New York, NY, November 6, 2018. A legal perspective on cryptocurrency and blockchain as they relate to family offices.
  • “101 Program: Virtual Currencies and Blockchain Technology,” OffshoreAlert Conference, Miami, FLA, April 17, 2018. A look at new and emerging issues affecting global finance, including data leaks, Bitcoin, and how blockchain technology can be adapted for uses beyond cryptocurrencies.
  • “Blockchain CLE,” ConEd, New York, NY, April 4, 2018
  • “Private Equity Investing Outlook: What’s Next for Consumer Products & Services,” Nixon Peabody LLP - Hot Topics in the Middle Market, New York, NY, February 26, 2014
  • “Crowdfunding and the JOBS Act,” Upstate Venture Association of New York, May 8, 2012

Securities law considerations for sponsors of qualified opportunity zone funds

Insights | March 26, 2019

New York City Corporate partner Dan McAvoy wrote this contributed article for Insights, Wolters Kluwer’s corporate and securities-focused monthly journal, exploring securities law issues related to the creation of opportunity funds.

Persistent Energy Ghana raises $1.5 million to support distribution of solar home systems in Ghana

Tech Moran | November 01, 2016

This story is about Persistent Energy Ghana’s $1.5M debt round financing that will be used as capital to buy solar home systems for low-income households in Ghana. New York City public company transactions partners Dan McAvoy and Richa Naujoks, and Boston global finance partner Frank Hamblett are working on this matter.

Contact

Daniel McAvoy

Partner

New York

Phone: 212-940-3112


Fax: 866-260-0650

New York University, J.D.

University of South Florida, B.A., magna cum laude

New York

Dan has been recommended in The Legal 500 United States 2017 editorial for M&A/corporate and commercial—M&A: Middle-market (sub-$500m), as well as in previous editions. Super Lawyers “Rising Star” 2014–2018.

Dan is a member of the American Bar Association; New York State Bar Association (Securities Regulation Committee and Private Investment Funds Subcommittee); and the Wall Street Blockchain Alliance Legal Working Group.

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