Cohan & Klein represents the unique and often complex needs of private equity funds in the acquisition, financing, operation, and ultimate disposition of a fund’s portfolio investments. Our lawyers bring a broad knowledge of all phases of acquisition and divestiture transactions, including each tier of the capital structure, in harmony with a client’s financial and business needs, issues, and goals.

Our national presence, PE-specific experience and skills, regulatory knowledge, and extensive cross-border capabilities come together to offer a full complement of cost-effective legal and advisory services to our private equity clients.

We have built a sophisticated practice through extensive experience and work in corporate, leveraged finance, mergers and acquisitions, securities and capital formation and international tax. These skills enable us to proactively manage all aspects of sponsor and portfolio company transactions, from smaller and middle market M&A deals, to portfolio company support and management, to specialist operational support.

Our lawyers tailor their approach to sponsor preferences and where appropriate, to portfolio company business objectives. Not every sponsor has the same objectives and tolerance for risk, and our negotiation of deal terms is adaptive and responsive to the protections and approaches of each sponsor client.

Cohan & Klein operates on the front lines of the world’s largest two-way trading relationship and has built a sophisticated cross-border practice. From our Detroit headquarters and offices located throughout strategic Canada-U.S. business corridors, our cross-continental platform ensures that our clients receive seamless representation from a connected network of Canadian-U.S. legal professionals. We are one of the leading providers of full legal services on each side of the border.

Specific areas of relevant private equity capabilities and experience include the following:

• The formation, structuring and organization of private equity funds for traditional sponsors, family offices and independent fund sponsors and their investment funds, including mezzanine and “turn-around” funds.
• Extensive experience with mergers, acquisitions and dispositions including platform and add-on acquisitions, senior and subordinated financing and restructuring, tax structuring and complex acquisition/investment negotiations.
• Sensitivity to issues and considerations unique to PE Funds and deep knowledge of specialized issues regarding tax, executive compensation, Employment Retirement Investment Security Act (ERISA), real estate, and intellectual property.
• Goal setting related to acquisitions and investments that align operational, economic, accounting, tax and regulatory needs of a particular situation.
• Serve as outside general counsel to portfolio companies during the term of the investment including general legal counseling, corporate governance, add-on acquisitions and divestitures, labor and employment, immigration, IP portfolio management and business disputes.
• Develop and execute the full spectrum of exit transactions including recapitalizations, mergers and consolidations asset sales, stock sales, and initial public offerings, all within the regulatory compliance framework of securities, corporate and other laws.