Practice Experience
Daniel M. Latham is a partner in the M&A Practice Group, and is resident in the New York office. Mr. Latham began his legal career with White & Case and represents a broad range of clients in domestic and cross-border public and private mergers, acquisitions, joint venture and restructuring transactions. Mr. Latham has extensive experience in representing private equity firms in connection with their acquisitions and dispositions of portfolio companies and also regularly advises several of the firm's corporate clients in connection with their corporate development initiatives. Mr. Latham has also advised on several bankruptcy-related matters including several Bankruptcy Code section 363 transactions. He also provides general corporate, partnership and securities law advice.
Mr. Latham is listed in Legal 500 USA for M&A/Private Equity/Mega-Deals (2009 edition).
Representative corporate transactions include the representation of:
- KEC International's acquisition of SAE Towers Holdings, a portfolio company of ACON Investments;
- Nuclear Innovation North America LLC, the nuclear development company controlled by NRG Energy, Inc., in connection with The Tokyo Electric Power Company's $155 million investment in The South Texas Project;
- Royal Ahold's Giant-Carlisle division in connection with its US$140 million acquisition of 25 stores from Ukrop's Super Markets, Inc;
- Presstek, Inc. in connection with the sale of its Lasertel, Inc. subsidiary to SELEX Sensors and Airborne Systems (US), Inc.;
- WellPoint, Inc. in connection with its US$4.675 billion disposition of its NextRx pharmacy benefit management business to Express Scripts, Inc.;
- Mobile Mini, Inc. in connection with its US$715 million stock and cash acquisition of Mobile Storage Group, a portfolio company of Welsh, Carson, Anderson & Stowe;
- Tyco Electronics Ltd. in connection with its US$100 million sale of its power systems business to The Gores Group LLC;
- Royal Ahold in connection with its US$7.1 billion sale of U.S. Foodservice to an affiliate of private equity firms Kohlberg, Kravis Roberts & Co. and Clayton, Dubilier & Rice and Ahold's US$310 million sale of Tops Markets to Morgan Stanley Private Equity. Mr. Latham also represented Royal Ahold in connection with its acquisition of US Foodservice in 2000;
- Tyco International in connection with its disposition program including the US$975 million sale of Tyco Plastics to Apollo Management and the US$135 million sale of Tyco's undersea fiber optic network known as the Tyco Global Network to the India-based telecommunications operator Videsh Sanchar Nigam Limited (VSNL);
- WellPoint, Inc. in connection with its sale of United Wisconsin Insurance Company to Accident Fund Insurance Company of America;
- Royal Ahold in connection with its US$660 million sale of Ahold's BI-LO and Bruno's supermarket chains to the private equity firm The Lone Star Funds. Mr. Latham also represented Ahold in connection with Ahold's acquisition of Bruno's; and
- Bowne & Co. in connection with the sale of its global translations business, BGS Companies, with operations in 24 countries to Lionbridge Technologies.
Representative private equity transactions include the representation of:
- Quad-C Management in connection with the sale of Royal Adhesives and Sealants to Arsenal Capital Management. Mr. Latham also represented Quad-C in connection with its acquisition of Royal and the subsequent add-on acquisition by Royal of the Hardman adhesives and elastomers business of Elementis Plc;
- Great Basin Transmission, LLC, an affiliate of LS Power, to jointly construct and own with NVE Energy, a 500 kilowatt transmission line in Nevada;
- Nordic Capital in connection with its US$4.1 billion acquisition of the ConvaTec division of Bristol-Myers Squibb;
- Quad-C Management in connection with several recent secondary sales including its sale of MW Industries to Brockway-Moran Partners and Universal Fibers to The Sterling Group;
- Red Diamond Capital in connection with its US$120 million acquisition of Avon Automotive from Avon Rubber P.l.c.;
- Deutsche Bank AG in connection its US$1.6 billion sale of its late-stage private equity portfolio in a management sponsored buy-out led by MidOcean Capital Partners, which was among the largest and most complex secondary buyouts ever completed;
- DB Capital Partners in connection with its US$500 million acquisition of the Kinetics Group, Inc. from the United States Filter Corporation and DB Capital's US$35 million PIPE investment in Strayer Education;
- Quad-C Management in connection with its acquisition of investments in five private equity portfolio companies from BNP Paribas; and
- DB Capital Partners in connection with its US$40 million private equity investment in a joint venture sponsored by Huntsman Corporation and ICI Chemicals.
Representative financial restructuring transactions include the representation of:
- TowerBrook Capital Partners L.P. and Deutsche Bank Trust Company Americas in connection with their out-of-court debt and equity restructuring of Wilton Brands Inc.;
- Global Power Equipment Group in connection with its rights offering and backstop equity offering in conjunction with its chapter 11 plan of reorganization pursuant to which its pre-petition equityholders retained a substantial equity investment in the company post-reorganization;
- Lund International in connection with its out-of-court settlement with its secured lenders and corresponding sale of substantially all of its assets to an affiliate of private equity sponsors Linsalata Capital Partners and Resilience Capital Partners;
- IRMC Holdings, Inc. in connection with four out-of-court debt and equity restructurings and the subsequent sale of IRMC to Guggenheim Partners;
- Communication Dynamics, Inc. in connection with the sale of substantially all of its assets pursuant to a sale order under section 363 of the US Bankruptcy Code; and
- Baring Private Equity in connection with its US$55 million stalking horse bid to acquire substantially all of the assets of ACT Manufacturing pursuant to a sale order under section 363 of the US Bankruptcy Code.
Bars and Courts
New York State Bar, 1998
Education
JD, New York Law School, magna cum laude, Book Review Editor, New York Law School Law Review, 1997 BS, State University of New York at Albany, cum laude, 1986
Professional Associations and Memberships
The Bar Association of the City of New York
Recent Publications and Presentations Co-author, "2008/09 Country Q&A/United States," Practical Law Company—PLC Cross-border Private Equity Handbook Co-author, "Private Equity: The New World," Practical Law Company—PLC US Special Report, November 2008 (with John Reiss and David A. Goldstein) Co-author, "2007/08 Country Q&A/United States," Practical Law Company—PLC Cross-border Private Equity Handbook Panelist, "Cross-Border Transaction Trends, Tools and Tactics," Brown Gibson Lang & Company 3rd Annual Global M&A Cross-Border Conference, May 2006
Languages
English
Citizenship
United States
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