Private Equity

  • Holland & Knight’s Private Equity Team represents funds, independent sponsors, family offices and other private equity investors and portfolio companies raising capital at all levels of the capital structure of a portfolio company.
  • Our team offers complete representation for the entire life cycle of a transaction, from fund formation and execution of platform and add-on acquisitions and related financings to developing and implementing liquidity events.
  • We provide clients with comprehensive legal representation for every aspect of their portfolio companies' daily operations, including executive compensation, labor and employment, environmental, tax, intellectual property, real estate, government contracts, antitrust and litigation matters.

Dramatic changes in the financial markets have created increased challenges for companies seeking capital as well as investors seeking returns. Growing companies are experiencing an escalating need for capital, while investors are showing a decreased tolerance for risk. This economic trend makes private equity investments more critical – and complicated – than ever before.

Holland & Knight’s Private Equity Team has the knowledge and experience necessary to assist both private equity investors and portfolio companies in all aspects of private equity transactions. Using a proactive, hands-on approach, we actively help you develop and implement strategies to successfully achieve your investing and financing goals.

Our team offers complete representation for the entire life cycle of each investment. From the creation of a private equity fund through the execution of a liquidity event, we provide you with comprehensive counsel tailored to your specific needs.

Fund Formation and Carried Interest Planning

Our Private Equity Team also assists our private equity clients in structuring and organizing committed private equity funds. In addition, we regularly represent domestic and foreign partners, institutional investors and fund managers in the formation of both United States and offshore funds. We draw upon the extensive knowledge of our investment management, corporate, tax, securities and ERISA lawyers to efficiently and effectively guide you through the entire fund formation process. Finally, our private equity attorneys are well-versed in structuring carried interest transfers during the fund formation process to create opportunities to minimize potential taxes for private equity professionals.

Structuring Transactions

Our Private Equity Team can guide you through every stage of an investment in a portfolio company. This will include performing all necessary due diligence investigations of target companies, as well as assisting you in evaluating and pursuing add-on acquisitions and investments as well as strategic joint ventures and alliances. We collaborate with you to develop creative and tax efficient structures for the acquisition and financing of companies in virtually every industry. In addition, our private equity attorneys can assist you with:

  • negotiated and unsolicited acquisitions
  • auction run dispositions
  • going private transactions
  • carve-out or spin-off transactions
  • minority investments
  • dividend recapitalizations
  • special-purpose acquisition company deals (SPACs)
  • private investment in public equity deals (PIPEs)
  • joint venture structures
  • transactions with multiple equity sponsors
  • employee stock ownership plans (ESOPs)

Liquidity Events

When the time comes for a liquidity event for an investment in one of your portfolio companies, we can assist you in structuring and implementing tax efficient strategies designed to achieve your business objectives, regardless of whether such transactions take the form of a dividend recapitalization, a sale of a minority equity stake, a transfer of control or an initial public offering of such portfolio company.

Portfolio Company Representation

In addition to advising our private equity clients on platform and add-on acquisitions and related financing transactions for their portfolio companies, our Private Equity Team also serves as outside legal counsel to such portfolio companies. In this capacity, we can provide you with complete legal representation for every aspect of your portfolio company's operations, including executive compensation, labor and employment, environmental, tax, intellectual property, real estate, government contracts, antitrust and litigation matters. Working in concert with attorneys throughout the firm, we will create a customized legal team that is tailored to address your portfolio company's specific needs and objectives in a timely and cost-effective manner.