Overview

For lawyers in Fredrikson & Byron’s Private Equity Group, understanding the client’s investment strategy and philosophy is the key to delivering quality legal services. We understand that the life cycle of a private equity investment is unique. From sourcing and evaluation, through acquisition and operations to exit, we know transactions do not start with a letter of intent and evaluations of potential portfolio companies are not limited to legal issues.

Fredrikson & Byron offers a comprehensive approach to deal management, with the depth and breadth to handle multiple transactions simultaneously. Our attorneys work with fund clients to identify and understand the fund’s key assumptions about the business enabling us to negotiate and draft acquisition documents that underscore and protect the investment thesis.

Fredrikson & Byron’s Private Equity Group focuses on providing efficient and comprehensive advice that allows a private equity client to make decisions quickly. Our team includes experts who perform in depth due diligence, providing timely, and cost-effective analysis, which makes an impact and supports our clients’ due diligence efforts.

Private Equity & Venture Capital Services Offered

• acquisitions of portfolio companies
• acquisition of add-on companies
• acquisition debt financings
• management team representation
• sales of portfolio companies
• minority owner representation
• recapitalizations
• representation of operating companies
• review and negotiation of LP investments
• secondary sales and transfers of LP interests
• fund formation

We have a wide range of experience in minority and control investment transactions and understand the rights typically afforded different kinds of investors. We assist fund clients in structuring exit strategies, including mergers & acquisitions and public offerings. We also represent sellers and management teams of portfolio companies in transitions to a private equity fund owner, advising on management compensation, rollover of equity, new investments in the portfolio company, board representation, and minority owner rights.

Mezzanine Transactions

We represent clients involved in mezzanine transactions involving private investments in convertible securities, preferred equity, subordinated debt, and hybrid components. Our work involves negotiation and documentation of debt and equity securities, warrants and equity-kickers, shareholder and registration rights agreements, and subordination and intercreditor agreements. Our approach is customized, yet practical, focusing on the business goals of our clients.

Fund Formation

We represent sponsors and investors in private equity funds and assist our clients in structuring these funds, including drafting and negotiating organization and offering documents. Our lawyers are familiar with the variety of fund structures commonly used in the market place, and we are prepared to and frequently advise on structuring management and other fees, carried interest and clawback provisions, and tax-related allocation and distribution provisions.

We apply an interdisciplinary approach to fund formation, pulling in expertise as needed from our Employee Benefits/ERISA, Securities, and Tax and Business Planning practice groups.

Institutional and High Net Worth Investors

Fredrikson & Byron advises large, institutional and high net worth individual investors relative to their private equity investments. We advise on the terms of limited partner investing in various PE-type funds, giving us insight into current terms generally acceptable in the market place, as well as cutting edge trends that are evolving.

We also represent our private investor clients in secondary sales of their LP investments and our Private Equity fund clients in transfer of LP interests ensuring compliance with the terms of the fund’s organizational documents and applicable regulations.

Bios

Primary Attorneys

Lisa Holter, Co-Chair
Leigh-Erin Irons
Thomas A. Judd
Sean P. Kearney, Co-Chair
Nola A. McNeally
Sjur Midness
Ryan G. Miest
Timothy R. Nelson
Robert K. Ranum
Simon C. Root
Melodie R. Rose
John A. Satorius
Kevin S. Spreng
John H. Stout
Jon E. Strinden
Stephen A. Tight
Mark H. Tranovich

Supporting Attorneys

Thomas B. Archbold
Clinton E. Cutler
Lynn M. Gardin
John R. Houston
Jenna K. Jenson
John M. Koneck
Keith A. Libbey
Jessica D. Manivasager
Ryan T. Murphy
Sara M. Reisdorf
Alexander Rosenstein
Thomas F. Steichen
Todd A. Taylor
Daniel A. Yarano

Other Professionals

Jane C. Ball
Beckie L. Northrop
Erika Ramirez
Julie A. Taylor