Mr. Atterbury's practice is focused primarily on mergers and acquisitions transactions and related financings.
Mr. Atterbury represents sellers and buyers in domestic and cross-border mergers, acquisitions, joint ventures and restructurings in sectors such as financial services, entertainment, telecommunications and heavy and light industrial.
Mr. Atterbury also represents private equity firms with respect to their acquisition and disposition of portfolio companies. He has completed transactions for clients including Trilantic Capital Partners (formerly Lehman Brothers Merchant Banking), The Blackstone Group, Harvest Partners, Quad-C, Inc., DB Capital Partners, ZM Equity Partners and McCown De Leeuw & Co. His extensive experience with such transactions includes the structuring of leveraged buy-outs and the related corporate governance and shareholder issues and the disposition and exit strategies available to parties seeking to dispose of investments, including full and partial sales, initial public offerings and joint ventures.
Mr. Atterbury's recent representations include:
- The reorganization of the global Visa payments network, formerly comprised of six regional entities, into a single global public company;
- The representation of a Sovereign Wealth Fund in connection with an CHF 7.5 billion investment in a major Swiss Bank;
- The restructuring of United Pan-Europe Communications N.V. (UPC) and various of its subsidiaries in a complex cross-border restructuring accomplished through dual Dutch and US plenary insolvency proceedings;
- Representation of DISH Network Corporation in various strategic investments and transactions;
- The acquisition by Lehman Brothers Merchant Banking ("LBMB") of Hunter Fan Company in a controlled stock auction and the subsequent sale by LBMB of its interests to MidOcean Partners;
- The sale of the rail and shipping businesses of Great Lakes Transportation, a portfolio company of The Blackstone Group, to the Canadian National Railway Company;
- The representation of Lehman Brothers Merchant Banking in connection with its investment in The Cross Group, Inc., an off-shore oil field services concern;
- The representation of Lion Chemical Capital and ACI Capital in their successful bid for the elastomers and performance additives business of PolyOne Corporation in a controlled stock auction;
- The representation of Hoya Corporation in various strategic acquisitions throughout the United States;
- The acquisition by The Guardian Life Insurance Company of First Commonwealth, Inc.
In addition, Mr. Atterbury has represented firms such as The Blackstone Group and Gleacher NatWest, Inc. as financial advisor to Boards of Directors and special committees in connection with the proposed sale of various public companies.
In his financing practice, Mr. Atterbury represents both lenders and borrowers in financing transactions. His clients include Blackstone Mezzanine Partners and S.A.C. Capital Advisors in connection with their investing in mezzanine debt and related equity investments.
Mr. Atterbury also served as underwriter's counsel in connection with a variety of registered and unregistered offerings (including Rule 144A debt offerings). In his capacity as borrowers' or issuers' counsel, Mr. Atterbury has represented borrowers in connection with a full range of debt instruments, including credit agreements, second lien facilities, mezzanine loans and convertible notes.
Bars and Courts
New York State Bar, 1993
Connecticut State Bar, 1992
JD, University of Virginia, Order of the Coif, 1992
BS, Political Science, Yale University, summa cum laude, Phi Beta Kappa, 1989
Awards and Recognition
Listed as one of American Lawyer's "Dealmakers of the Year" for 2008.
"The Enforcement of A-National Arbitral Awards Under the New York Convention of 1950," Virginia Journal of International Law, 1992