Private Equity

Print PDF
Insights & Events
Expand All

The Private Equity Practice Group at Briggs and Morgan is at the forefront of the evolving world of private equity and serves as a leading advisor to more than 15 middle-market private equity firms based in the Twin Cities and throughout the United States. With more than 15 lawyers focused on private equity matters, Briggs continuously counsels its clients on private equity and strategic investments, and on exits from those investments through M&A or capital markets transactions.

Since 2010, Briggs has guided its private equity clients through over 100 M&A and capital markets transactions involving more than $3 billion in aggregate transaction value, with transactions typically valued between $30 million and $150 million. In that same period, the finance lawyers in the Private Equity Practice Group completed more than 75 secured and unsecured senior bank debt, high yield, mezzanine, and seller financing transactions providing approximately $2 billion of financing for private equity transactions.

The Private Equity Practice Group has comprehensive experience in every aspect of middle-market private equity, including equity financing, debt financing, fund formation, portfolio company management and operations, corporate governance, add-on acquisitions, bolt -on acquisitions, and strategic divestitures and exit strategies involving transactions such as mergers and acquisitions, recapitalizations, restructurings, and IPOs. We work with private equity funds and their portfolio companies in a variety of industries, including manufacturing, energy, real estate, health care, transportation, financial services, medical technology, information technology and food and beverage.

Our lawyers, some of whom have worked on Wall Street or in senior positions within the legal departments of Fortune 500 companies, know the business needs, goals and objectives of our private equity clients. We differentiate our practice group from other peer firms by bringing a practical perspective to the role of law in business and by offering solutions that are creative, efficient and, importantly, achievable.

Mergers and Acquisitions and Equity Investments
The Private Equity Practice Group regularly represents private equity companies and their portfolio companies in connection with change of control transactions and minority investments. By drawing on our resources in tax, finance, real estate, environmental, employment and ERISA, securities, intellectual property and other practice areas, we are able to effectively analyze, structure and complete complex investment transactions. We work closely with many national, regional and specialty investment banking firms in exit transactions addressing legal and structuring issues to enable our clients to achieve their economic objectives.

Debt Finance
We have substantial experience advising both borrowers and lenders with a variety of different capital solutions, including mezzanine and junior capital subordinated debt transactions, senior credit facilities, and structured financings. Our breadth of experience gives us the practical and technical capabilities to get deals done efficiently and achieve our clients’ business objectives. 

Portfolio Companies
We represent portfolio companies in connection with add-on acquisitions, strategic divestitures, joint ventures, and day-to-day operational matters including executive compensation, employment, environmental, tax, intellectual property, regulatory and litigation matters. 

Fund Formation
We advise our clients regarding fund structures and assist in drafting and negotiating organization and offering documents, advising on structuring management and other fees, clawback provisions, and tax related allocation and distribution provisions.

Representative Matters

Briggs and Morgan has one of the most active Private Equity practices in the Midwest, having closed hundreds of private equity transactions in Minnesota and across the country. Below is a sampling of select recent matters:

  • Represented a premier U.S. private equity firm in over 100 various joint ventures and acquisitions involving a broad range of assets, including distressed and non-performing loans, real estate, aircraft, maritime vessels and oil and gas interests.
  • Represented one of the premier junior capital providers in the United States, which manages six separate funds with more than $1 billion in commitments, including debt and equity investments in more than 80 companies nationwide.
  • Regularly represent a regional private equity and mezzanine debt fund sponsor with fund formation, investment syndication, platform and add-on transactions, divestitures, reorganizations and recapitalizations.
  • Represented a private equity firm in its divestiture of a leading provider of travel solutions for loyalty programs.
  • Represented a series of private funds that invest in real estate and real-estate-related investments, including raising money from investors, corporate and regulatory matters.
  • Represented a national private equity company in a series of acquisitions of construction equipment manufacturing companies.
  • Representation of a casual dining restaurant group since its IPO, including PIPE transactions, preferred stock financings, a debt restructuring, sale of control to a private equity investor and acquisitions of assets.
  • Represented an industry-leading provider of computer network performance management hardware and software in its sale to a large private-equity firm buyer.
  • Representation of a private equity firm and nearly all of its portfolio companies in M&A matters, financing matters, corporate governance, real estate matters, employee benefits and equity compensation plans.