Proskauer Rose LLP

Chairman: Timothy Mungovan

International Offices: Boca Raton, Boston, Charlotte, Chicago, Hong Kong, London, Los Angeles, New Orleans, New York, Paris, São Paulo and Washington, D.C.

Firm Overview:

At Proskauer, our singular focus is on advising and supporting our clients to achieve their goals and ambitions. As your ambitions evolve, so do we, aligning our strategy, teams, and capabilities to help you stay ahead.

We are an elite global law firm with more than 900 lawyers in key financial centers in the United States, Europe, South America, and Asia. Our clients include many of the world’s leading businesses, including asset managers, banks, listed corporations, and private companies. We have deep expertise in several of the fastest growing and dynamic segments of the market, including sports, technology, life sciences, and health care. We represent hundreds of asset managers across a wide spectrum of sectors and strategies, including private equity, private credit, hedge, real assets, secondaries, and capital solutions. Our perspective is shaped by decades of working alongside asset managers, private capital sponsors, portfolio companies, and leading public and private businesses across industries. We understand the commercial forces driving your decisions and bring insight that helps you act on them.

Our approach is people-centered and relationship-driven. We operate as one firm across practices, industries, and geographies, connecting you to the right people at the right time with a single focus, delivering seamless execution.

We bring that same commitment to our communities through pro bono service and our Proskauer Impact programs, applying the same rigor, collaboration, and focus that define how we deliver for clients.

Proskauer is intentionally focused on supporting your agenda because when you’re ahead, we’re right there with you.

Main areas of practice

Transactional
Private investment funds: Fund formation, secondary transactions (buy-side and sell-side), GP-led transactions, continuation funds, fund restructurings, primary investments.

M&A and private equity transactions: Acquisitions and disposals, co-investments and JVs, fund M&A/GP stakes, spin-outs, portfolio and investment management, growth equity investments, take privates, complex carve-outs, IPOs, recapitalisations, the equity aspects of distressed situations.

Private credit: Private credit transactions, including senior and unitranche loans; first out/last out debt; second-lien loans; mezzanine or subordinated debt; complex intercreditor arrangements; mixed unitranche and asset-based lending structures; holdco PIK facilities; preferred equity investments; equity kickers and co-investments.

Fund finance: Secured and unsecured subscription/capital call facilities; revolving credit facilities; NAV facilities; hybrid facilities; warehouse facilities; GP, management and co-investment facilities.

Capital markets: NY-qualified team for cross-border related matters. The team bridges US terms and concepts into European deals. IPOs, follow-on and secondary offerings, block trades, rights offerings and offerings of convertible and exchangeable bonds; SPACs, PIPEs, public M&A and international corporate transactions.

Global Finance: Asset-Based Lending, Borrower Finance, Financial Restructuring and Special Situations, Fund Finance, Hybrid Capital, Private Credit, Real Estate Finance, Sports, Media and Entertainment Finance, Structured Credit, Syndicated Leveraged Finance and Capital Markets

Strategic advisory
Restructuring and insolvency: Alternative capital financing, stressed and distressed situations; restructurings; restructuring of “clubbed” and syndicated credits and preferred equity investments; recovery strategies; real estate and asset financing; public to private financing; secured syndicated corporate lending.

Privacy/cybersecurity: Non-contentious GDPR work (data protection); parental liability; managing strategic cyber crises.

Tax: US and UK taxation in a transactional and advisory context; high-end bespoke tax strategy and fund structuring; incentive tax structuring advice.

Employment: Counselling and training; hiring and terminations; executive compensation (incl. carried interest arrangements and other complex incentive arrangements); regulatory constraints around remuneration; management of portfolio companies; establishment of policies and practices; restrictive covenants, confidential information and team moves; conduct rules and associated disclosure and filing.

Contentious and regulatory
European regulatory: Financial services regulatory work; regulatory and marketing aspects of fund formations; regulatory aspects of strategic acquisitions and dispositions; complex consumer credit and FinTech regulatory issues; queries relating to the regulation of Crypto assets and digital tokens.

International disputes: Fund disputes, disputes in or with portfolio companies and all related issues, whether that is restrictive covenants and team moves, defamation or shareholder JVs; IP/IT disputes; international arbitration.

Antitrust, competition and compliance: Regulatory clearances for cross-border M&A; antitrust litigation; CMA and other EU authority investigations (including EC); competition law related disputes and investigations. International trade, compliance (including anti-bribery and anti-corruption advice), foreign direct investment, regulatory and sanctions advice.

Key industry verticals
Technology: Technology-focused fund formations, growth capital investments, standalone IP licensing/software allotment, outsourcing agreements, JV agreements, commercial contracts, strategic transactional advice, data transactions and related disputes.

Financial services: Fintech, insurance/Insurtech, payments and wealth management; challenger bank deals; regulated M&A.

Real estate and hospitality: M&A, management agreements, mixed-use development, distressed situations and all aspects of real estate holding and development.

Sports (including betting and gaming): Transactions, negotiations and litigations, including joint ventures with strategic partners, private equity investments, stadium and arena development projects and financing transactions.