Newsroom Categories: Press release

  • Schulte Advises Mill Point Capital LLC in Carve-out Transaction

    Schulte Advises Mill Point Capital LLC in Carve-out Transaction

    PRESS RELEASE

    Schulte Advises Mill Point Capital LLC in Carve-out Transaction

    July 22, 2024

    Read time: 3 min

    Schulte Roth & Zabel LLP represented Mill Point Capital LLC (“Mill Point Capital”) in connection with entering into a definitive agreement to acquire the commercial refrigeration and foodservice equipment businesses of Fomento Económico Mexicano, S.A.B. de C.V. (NYSE: FMX) (“FEMSA”), doing business as Imbera and Torrey. The transaction is structured as a single corporate carve-out transaction. A newly formed affiliate of Mill Point Capital, AeriTek Global LLC, will unite FEMSA’s Imbera and Torrey businesses to form a leading manufacturer, designer and distributor of commercial refrigeration and foodservice equipment products. Mill Point Capital is a private equity firm focused on control investments in lower middle-market companies in North America across the industrials, business services and IT services sectors.

    Schulte’s M&A team was led by partner Ben Kozinn, Co-chair of the M&A Group with special counsel Lauren Troeller, associates Mitch DaSilva and Julia Cummings and law clerk Joe D’Arco. The team also included lawyers in the Employment, Environmental, Finance and Derivatives, Intellectual Property, Investment Management, Real Estate and Tax Groups with Ted Keyes, Alex Kim, Ian Levin, Joseph Reich, Greg Ruback, Adam Gartner, Hannah Hollingsworth, Ngoc Pham Hulbig and Mila Lopez.

    Mexico City-based co-counsel from Creel, García-Cuéllar, Aiza y Enríquez included Esteban Valadez Jiménez, Carlos Del Río, Alejandro Ortega García-Cuellar, Horacio Pavón Ballesteros, Patricio Demesa Morales, Eduardo Brandt, José Luis Flores Duclaud, Sebastián Martínez, Mauricio Serralde, Julio Álvarez, Joaquín Junco Álvarez and Nicole Woodward Castillo.

    About Us

    Theodore A. Keyes

    Partner

    New York – 919 Third Avenue

    Ian L. Levin

    Partner

    New York – 919 Third Avenue

    Joseph Reich

    Partner

    New York – 919 Third Avenue

    Gregory D. Ruback

    Partner

    New York – 919 Third Avenue

    Adam B. Gartner

    Special Counsel

    New York – 919 Third Avenue

    Hannah M. Hollingsworth

    Partner

    London – One Eagle Place

    Milagros Cecilia Lopez

    Associate

    New York – 919 Third Avenue

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  • McDermott Advises KRÜGER GROUP on the Acquisition of Hermes Süssstoff

    McDermott Advises KRÜGER GROUP on the Acquisition of Hermes Süssstoff

    DEAL ANNOUNCEMENT / PRESS RELEASE

    McDermott Advises KRÜGER GROUP on the Acquisition of Hermes Süssstoff

    July 19, 2024

    Read time: 3 min

    Düsseldorf, July 19, 2024 – McDermott Will & Emery has advised the Germany-based KRÜGER GROUP on the acquisition of Hermes Süssstoff AG based in Zurich, Switzerland.

    The KRÜGER GROUP and its subsidiaries have long been active along the entire production chain for sweeteners and have a global network. With the acquisition of Hermes Süssstoff AG from the Klosterfrau Healthcare Group, the KRÜGER GROUP has further expanded its position in the field of calorie-free sweeteners.

    The KRÜGER GROUP based in Bergisch Gladbach is a globally established family business in the food industry. KRÜGER develops, produces and markets its products with around 5,600 employees at 21 locations in ten countries. The Group owns brands such as KABA, Schogetten, Trumpf, Fritt and Hafervoll.

    The Hermes Süssstoff AG was founded in 1904 and distributes and produces the internationally renowned brands Hermesetas and SteviaSweet in addition to the sweetener Assugrin.

    The transaction has already been completed. Business operations of Hermes Süssstoff will continue unchanged after the acquisition.

    McDermott regularly advises the KRÜGER GROUP on international transactions and on national and international antitrust and competition issues.

    The McDermott team advising the KRÜGER Group comprised partners Thomas Ammermann, Christian Krohs and Paul McGrath as well as counsel Marcus Fischer and associate Julian Rößler-Weis.

    About Us

    Dr. Thomas Ammermann

    Partner

    Düsseldorf

    Christian Krohs, LL.M. (Aberdeen)

    Partner

    Düsseldorf, Cologne

    Marcus Fischer

    Counsel

    Frankfurt

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  • McDermott advises HF Private Debt-backed BioneXX on Sale of BeLive to USP Group

    McDermott advises HF Private Debt-backed BioneXX on Sale of BeLive to USP Group

    DEAL ANNOUNCEMENT / PRESS RELEASE

    McDermott advises HF Private Debt-backed BioneXX on Sale of BeLive to USP Group

    July 19, 2024

    Read time: 3 min

    Munich, July 19, 2024 – McDermott Will & Emery represented HF Private Debt-backed BioneXX Holding GmbH on the sale of its subsidiary Nat4Life America Inc, known under the BeLive brand, to the USP Group.

    BioneXX, headquartered in Frankfurt/Main, Germany, offers a wide range of natural food supplements and organic phytovitamins and is a market leader in Germany, France, Austria and Switzerland with its Feelgood Shop, GSE and Fitne brands. With the sale of BeLive, the company intends to focus on its core market in Europe

    The USP Group, founded and based in the USA, has been active in the consumer health sector since 1990. The company has commercial operations in 12 European countries and two production facilities in Poland and Sweden.

    The McDermott team was led by partner Holger H. Ebersberger, and comprised partner Steffen Woitz and associate Manuel Weiß.

    About Us
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  • McDermott Represents Applied DNA Sciences, Inc. in its $12 Million Public Offering

    McDermott Represents Applied DNA Sciences, Inc. in its $12 Million Public Offering

    DEAL ANNOUNCEMENT / PRESS RELEASE

    McDermott Represents Applied DNA Sciences, Inc. in its $12 Million Public Offering

    July 18, 2024

    Read time: 3 min

    International law firm McDermott Will & Emery represented Applied DNA Sciences, Inc. (Applied DNA), a leader in PCR-based DNA technologies, in its $12 million public offering.

    The offering is comprised of 9,230,769 Units with each Unit consisting of one share of common stock (or pre-funded warrant), one Series A Warrant to purchase one share of common stock exercisable on the date of stockholder approval and expiring  on the fifth anniversary thereof, and one Series B Warrant to purchase one share of common stock exercisable on the date of stockholder approval and expiring one year from the date thereof or, pursuant to an alternative cashless exercise option, the right to receive three shares of common stock.

    The McDermott team was led by Merrill M. Kraines and Todd Kornfeld and included Brandon Sloane.

    Read Applied DNA’s announcement.

    About Us

    McDermott Will & Emery partners with leaders around the world to fuel missions, knock down barriers and shape markets. Our team works seamlessly across practices and industries to deliver highly effective solutions that propel success. More than 1,400 lawyers strong, we bring our personal passion and legal prowess to bear in every matter for our clients and the people they serve.

    Merrill M. Kraines

    Partner

    New York – One Vanderbilt Avenue

    Todd R. Kornfeld

    Partner

    New York – One Vanderbilt Avenue

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  • McDermott Represents Inhibikase Therapeutics in its $4 Million Registered Direct Offering

    McDermott Represents Inhibikase Therapeutics in its $4 Million Registered Direct Offering

    DEAL ANNOUNCEMENT / PRESS RELEASE

    McDermott Represents Inhibikase Therapeutics in its $4 Million Registered Direct Offering

    July 18, 2024

    Read time: 4 min

    International law firm McDermott Will & Emery represented Inhibikase Therapeutics, Inc. (Inhibikase), a clinical-stage pharmaceutical company developing protein kinase inhibitor therapeutics to modify the course of Parkinson’s disease, Parkinson’s-related disorders and other diseases of the Abelson Tyrosine Kinases, in entering into a securities purchase agreement with a single institutional investor to purchase 1,672,452 shares of common stock (or pre-funded warrants in lieu thereof) in a registered direct offering priced at-the-market under Nasdaq rules.

    In a concurrent private placement, the Company also agreed to issue unregistered Series A warrants to purchase up to an aggregate of 1,672,452 shares of common stock, and unregistered Class B warrants to purchase up to an aggregate of 1,672,452 shares of common stock. The Series A and Series B warrants will be exercisable beginning on the effective date of stockholder approval and, in the case of Series A warrants, will expire one year from the date of stockholder approval, and in the case of Series B warrants, will expire five years from the date of stockholder approval.

    The Company also entered into a warrant inducement agreement with the investor to exercise certain outstanding warrants. In consideration therefor, the Company agreed to reduce the exercise price of the unexercised portion of such warrants and to issue Series C warrants and Series D warrants exercisable beginning on the effective date of stockholder approval. The Series C warrants will expire one year from the date of stockholder approval and the Series D warrants will expire five years from the date of stockholder approval.

    The McDermott team was led by Merrill Kraines, Todd Kornfeld, and Brian Tratner.

    Read Inhibikase’s press release.

    About Us

    McDermott Will & Emery partners with leaders around the world to fuel missions, knock down barriers and shape markets. Our team works seamlessly across practices and industries to deliver highly effective solutions that propel success. More than 1,400 lawyers strong, we bring our personal passion and legal prowess to bear in every matter for our clients and the people they serve.

    Merrill M. Kraines

    Partner

    New York – One Vanderbilt Avenue

    Todd R. Kornfeld

    Partner

    New York – One Vanderbilt Avenue

    Brian J. Tratner

    Associate

    New York – One Vanderbilt Avenue

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  • Mark Schreiber Named a Go To Cybersecurity & Data Privacy Lawyer by Massachusetts Lawyers Weekly for a Second Time

    Mark Schreiber Named a Go To Cybersecurity & Data Privacy Lawyer by Massachusetts Lawyers Weekly for a Second Time

    AWARDS & RANKINGS / PRESS RELEASE

    Mark Schreiber Named a Go To Cybersecurity & Data Privacy Lawyer by Massachusetts Lawyers Weekly for a Second Time

    July 18, 2024

    Read time: 3 min

    July 18, 2024 – International law firm McDermott Will & Emery is pleased to announce that Mark Schreiber has once again been named a Go To Cybersecurity & Data Privacy Lawyer by Massachusetts Lawyers Weekly.

    Mark focuses his practice on cybersecurity, data breach response and global privacy coordination. He advises entities facing cross-border data protection, the General Data Protection Regulation, Privacy Shield and related issues, strategic decisions and cyber assessments. Mark has led numerous multinational and cross-border matters, including those involving data breaches, data transfer and credit cards/the payment card industry, and has advised senior management, boards and special board committees on a variety of investigations.

    Massachusetts Lawyers Weekly’s Go To Lawyers program debuted in 2020 and showcases leaders in the Massachusetts legal community by practice area. The Cybersecurity & Data Privacy Lawyer recognition specifically acknowledges the top cybersecurity and data privacy lawyers across the commonwealth.

    Read more about Mark’s recognition in a special edition of Massachusetts Lawyers Weekly.

    About Us

    McDermott Will & Emery partners with leaders around the world to fuel missions, knock down barriers and shape markets. Our team works seamlessly across practices and industries to deliver highly effective solutions that propel success. More than 1,400 lawyers strong, we bring our personal passion and legal prowess to bear in every matter for our clients and the people they serve.

    Mark E. Schreiber

    Counsel

    Boston

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  • McDermott Represents an Affiliate of Driftwood Capital in a Hotel Transaction Covering Three Properties

    McDermott Represents an Affiliate of Driftwood Capital in a Hotel Transaction Covering Three Properties

    DEAL ANNOUNCEMENT / PRESS RELEASE

    McDermott Represents an Affiliate of Driftwood Capital in a Hotel Transaction Covering Three Properties

    July 16, 2024

    Read time: 3 min

    International law firm McDermott Will & Emery represented an affiliate of Driftwood Capital as mezzanine lender in connection with a mezzanine loan in the principal amount of up to $19,900,000, made in conjunction with a mortgage loan in the principal amount of up to $60,400,000, for three hotels in June 2024:

    • Blockade Runner Beach Resort located at 275 Waynick Blvd. in Wrightsville Beach, North Carolina.
    • Highlands Inn Lodge located at 96 Log Cabin Lane in Highlands, North Carolina.
    • Red Roof PLUS+ Williams – Grand Canyon located at 642 East Route 66 in Williams, Arizona.

    Approximately $40,000,000 of the total loan proceeds will be used to renovate and upgrade the hotels.

    McDermott also advised Driftwood Capital on four separate transactions in May 2024.

    The McDermott team was led by Scott Weinberg with assistance from Themes Karalis, Bob Mower, Hayley Yandoli and Ed Pisacreta.

    About Us

    McDermott Will & Emery partners with leaders around the world to fuel missions, knock down barriers and shape markets. Our team works seamlessly across practices and industries to deliver highly effective solutions that propel success. More than 1,400 lawyers strong, we bring our personal passion and legal prowess to bear in every matter for our clients and the people they serve.

    Scott A. Weinberg

    Partner

    New York – One Vanderbilt Avenue

    Robert S. Mower

    Counsel

    New York – One Vanderbilt Avenue

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  • McDermott Named a Finalist for the Financial Times Innovative Lawyers Awards Europe

    McDermott Named a Finalist for the Financial Times Innovative Lawyers Awards Europe

    AWARDS & RANKINGS / PRESS RELEASE

    McDermott Named a Finalist for the Financial Times Innovative Lawyers Awards Europe

    July 16, 2024

    Read time: 3 min

    International law firm McDermott Will & Emery is pleased to announce that it has been shortlisted for Innovation in Productising Legal Services as part of the Financial Times 2024 Innovative Lawyers Awards Europe.

    McDermott’s Freelancer Compliance Check, developed by the Firm’s German legal tech team, is a web-based app that deploys a questionnaire adapted to a company’s specific circumstances to help identify risks associated with using freelancers. Based on the provided employment details, a client receives a risk report that allows it to efficiently resolve possible discrepancies between the contractual arrangement and the freelancer’s actual work. The app also makes clients aware of the risks of employment and, if necessary, the need for legal counsel to review the contractual arrangement.

    The 2024 Innovative Lawyers Europe report, launching in September, will highlight the firms and in-house teams that are digitally advanced and using innovative approaches to deliver exceptional value to businesses and society. The report will also highlight outstanding leaders and individuals innovating in the practice of law.

    Read more about the Innovative Lawyers Awards.

    About Us

    McDermott Will & Emery partners with leaders around the world to fuel missions, knock down barriers and shape markets. Our team works seamlessly across practices and industries to deliver highly effective solutions that propel success. More than 1,400 lawyers strong, we bring our personal passion and legal prowess to bear in every matter for our clients and the people they serve.

    Dr. Philip Uecker

    Associate

    Düsseldorf

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  • McDermott Advises Ligand on Acquisition of APEIRON Biologics

    McDermott Advises Ligand on Acquisition of APEIRON Biologics

    DEAL ANNOUNCEMENT / PRESS RELEASE

    McDermott Advises Ligand on Acquisition of APEIRON Biologics

    July 12, 2024

    Read time: 3 min

    Duesseldorf, July 12, 2024 – International law firm McDermott Will & Emery advises Ligand Pharmaceuticals Incorporated on the planned acquisition of all shares in the Austrian stock corporation APEIRON Biologics AG.

    Upon closing of the transaction, Ligand shall acquire all the outstanding shares of APEIRON for $100 million in cash. Ligand will also pay APEIRON shareholders additional consideration based on future commercial and regulatory events, including up to $28 million if royalties from APEIRON’s co-developed drug QARZIBA exceed certain pre-determined thresholds by 2030 or 2034, respectively.

    The transaction is expected to close in July 2024.

    APEIRON is a biopharmaceutical company based in Vienna, Austria. The company holds the royalty rights to the cancer drug QARZIBA®, which it co-developed. QARZIBA was approved by the European Medicines Agency in 2017 and is now available in more than 35 countries.

    Ligand Pharmaceuticals is a biopharmaceutical company that invests in the clinical development and commercialization of high value drugs. Ligand manages one of the largest biopharmaceutical royalty portfolios with more than 100 partnered programs in commercial and development stages.

    The McDermott team is led by partners Uwe Goetker and Sebastian Bonk (Corporate/M&A) and comprised senior counsel Gary Howes (Corporate/M&A), counsel  Marcus Fischer (U.S. & International Tax) as well as associates Sebastian Klein, Jan Lorenzen, Hubertus von Bornstaedt, and Nils Ladewig (all Corporate/M&A).

    About Us

    Dr. Uwe Goetker

    Partner

    Düsseldorf

    Sebastian Bonk

    Partner

    Düsseldorf

    Marcus Fischer

    Counsel

    Frankfurt

    Nils Ladewig

    Associate

    Düsseldorf

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  • McDermott Advises Apex Clean Energy in Two IRA-Supported Texas Storage Facility Financings Totaling 200 MW

    McDermott Advises Apex Clean Energy in Two IRA-Supported Texas Storage Facility Financings Totaling 200 MW

    DEAL ANNOUNCEMENT / PRESS RELEASE

    McDermott Advises Apex Clean Energy in Two IRA-Supported Texas Storage Facility Financings Totaling 200 MW

    July 15, 2024

    Read time: 4 min

    International law firm McDermott Will & Emery represented Apex Clean Energy (Apex), a leader in renewable energy, in partnership with First Citizens Bank Energy Finance, on two financings totaling more than $150 million for battery energy storage projects in Texas. These are two of the largest energy storage financings under the Inflation Reduction Act (IRA) and leverage the IRA’s tax credit transferability. The facilities are:

    • Great Kiskadee Storage: 100 MW/200 MWh battery energy storage system under construction in Hidalgo County, Texas.
    • Angelo Storage: 100 MW/200 MWh battery energy storage system under construction in Green County, Texas.

    “We are pleased to have advised on this sophisticated financing for Apex, which will optimize its capital structure and further position Apex for continued growth,” said Energy and Project Finance partner Carl Fleming. “This innovative financing leverages the tax credit transferability mechanism under the IRA and optimizes the value of the projects for Apex, one of our most valued and longstanding clients.”

    “Great Kiskadee and Angelo showcase the transformative impact of the IRA on accelerating energy storage deployment,” said Kurt Friesen, Apex General Counsel. “McDermott’s expertise and approach in navigating these complex transactions has been crucial in optimizing and advancing our projects under this new regulatory landscape.”

    The McDermott energy and project finance team was led by partners Carl Fleming, Philip Tingle, Heather Cooper, Jim Salerno and Seth Doughty with support from associates Andrew Kim, Garrett Brann and Olivia Johnson.

    Working closely with Apex’s leading finance team, McDermott’s Energy and Project Finance team brought extensive IRA, tax credit and tax equity finance experience to the transaction. McDermott was the first law firm to close a post-IRA tax credit transfer in January 2023 and has since closed over 55 post-IRA tax credit transfer driven transactions.

    Read Apex’s announcement.

    About Us

    McDermott Will & Emery partners with leaders around the world to fuel missions, knock down barriers and shape markets. Our team works seamlessly across practices and industries to deliver highly effective solutions that propel success. More than 1,400 lawyers strong, we bring our personal passion and legal prowess to bear in every matter for our clients and the people they serve.

    Carl J. Fleming

    Partner

    Washington, DC

    Philip Tingle

    Partner

    Miami

    Heather Cooper

    Partner

    Miami

    Seth B. Doughty

    Partner

    Los Angeles

    Andrew Kim

    Partner

    New York – One Vanderbilt Avenue

    Olivia D. Johnson

    Associate

    Miami

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