Brian Smarsh

Partner, New York

Biography

Overview

Brian Smarsh represents clients from an array of industries in complex transactions, including mergers and acquisitions, tender offers, auctions, stock and asset acquisitions and dispositions and restructurings.

His significant track record and deep understanding of his field has attracted a broad client base, including acquirers, targets, boards of directors, special committees, investment banks and investors, both within the US and overseas.

Adept at steering clients through the legal intricacies of complex multijurisdictional transactions, Brian's significant experience spans a variety of negotiated and unsolicited public and private deals, across a wide array of industries.

His familiarity with the markets in which his clients operate – from entertainment to healthcare, finance to energy and utilities – gives Brian insight into the transactional issues particular to their industries, and helps him to execute deals quickly and effectively.

Brian's wide sector knowledge is matched by the international character of his practice experience. Having worked on a number of large-scale, cross-border projects, he is able to provide creative solutions to clients' business needs in territories across the globe.

Brian is listed as a "Leading Lawyer" for Mergers & Acquisitions and Private Equity in the United States by Euromoney (2020).

Bars and Courts
New York State Bar
Education
JD
Georgetown University Law Center
MBA
Georgetown University
BS
Georgetown University
Languages
English

Experience

Brookfield Asset Management as 50% equity investor with Digital Realty Trust in its US$1.8 billion acquisition of Ascenty from Great Hill Partners.

CVC Capital Partners in its majority investment in Vitech Systems Group, its US$1.425 billion acquisition of PDC Brands; in its acquisition of OANDA Global Corporation; its US$1.8 billion acquisition of ConvergeOne Holdings, Inc. (NASDAQ: CVON); and its acquisition of a majority equity stake in UnitedLex.

CVC Capital Partners in its strategic partnership with Bruin Sports Capital and The Jordan Company to create acquire and invest in enterprises in the sports, media, and entertainment, technology and lifestyle industries.

Clariant Corp., Clariant Produkte (Deutschland) GmbH, SCG Chemicals (Singapore) Pte., Ltd. and Hexagon International, Inc., 50% equityholders of GTC Technology US, LLC and GTC Technology International LP, in the sale of those entities to Sulzer US Holding Inc. and Sulzer AG.

Mubadala Investment Company in the sale of XOJET, the leading on-demand private aviation services platform in the US, to Vista Global Holding Limited.

CVC Capital Partners in leading a consortium including Temasek Holdings and Vatera Healthcare Partners in their acquisition of a controlling stake in Alvogen, a leading generic pharmaceuticals company.

FCX Performance, Inc., a portfolio company of Harvest Partners, in its US$768 million sale to Applied Industrial Technologies, Inc. (NYSE: AIT).

GDF Suez S.A. in its US$840 million sale of power assets in Panama and Costa Rica to Celsia S.A. E.S.P.

Electronic Funds Source LLC in its sale to an affiliate of Warburg Pincus by its existing equity holders, an investor group consisting of an affiliate of CVC Capital Partners and Pilot Travel Centers, First Data Transportation, Inc. and FJ Management Inc.

FCX Performance, Inc., in its acquisition of Corrosion Fluid Products Corp., a Michigan-based distributor of pumps, valves, fiberglass and specialty lined pipe, hose and fittings.

Sony/ATV and EMI Music Publishing in its sale of selected music catalogs, including those owned by Virgin Music Publishing Companies and Famous UK Music Publishing, to BMG, the world's fourth-largest music-publishing company.

The Walt Disney Company in its acquisition of Marvel Entertainment, Inc.

Mid-Atlantic Medical Services, Inc. in its sale to UnitedHealth Group Incorporated.

The Walt Disney Company in its spin-off and sale of its ABC Radio business to Citadel Broadcasting Corp.

Central European Distribution Corporation in its acquisition of The Russian Alcohol Group.

SteelRiver Infrastructure Partners in its acquisition of The Peoples Natural Gas Company from Dominion Resources Inc.

LS Power in its acquisition of certain generating facilities from Calpine Corp.

The Walt Disney Company in its acquisition of certain assets relating to the "Muppets" and "Bear in the Big Blue House" from The Jim Henson Company, Inc.

Awards and Recognition

Leading Lawyer for M&A and Private Equity in the United States, Euromoney, 2020