Dr. Kathrin Schwesinger
Biography
Overview
Dr. Kathrin Schwesinger is a partner in the Mergers and Acquisitions Practice Group, and is resident in the New York office. Her practice focuses on carveouts and other large but bespoke M&A transactions that often span jurisdictions throughout the world in industries including healthcare, chemicals and oil & gas. She advises complex international organizations on M&A and corporate governance matters.
Her doctoral dissertation examines personal director and officer liability in public corporations in the United States and Germany and its use as a tool to incentivize better corporate governance. It was published in 2021 and has been called "an exciting work of comparative law that is worth great efforts" (Der Aufsichtsrat, May 2021).
Experience
Recent matters include the representation of:
Elevance Health, Inc. (NYSE: ELV), one of the nation's leading healthcare companies, in its acquisition of Blue Cross and Blue Shield of Louisiana (BCBSLA), a Louisiana mutual insurance company. Upon closing, BCBSLA is expected to join Elevance Health's affiliated Anthem Blue Cross Blue Shield family of brands. The acquisition is expected to close later this year and is subject to customary closing conditions and receipt of certain required approvals.
Aramco, one of the world's largest integrated energy and chemical companies, in its entry into an Equity Purchase Agreement with US-based automotive services provider Valvoline Inc. to acquire Valvoline's Global Products Business for US$2.65 billion, subject to certain customary adjustments as set forth in the Equity Purchase Agreement.
Hertz Global Holdings, Inc. (OTCPK: HTZGQ) in the US$7.22 billion reorganization and recapitalization of the company in the context of the company's Chapter 11 proceedings.
Aramco in its US$69.1 billion acquisition of a 70 percent stake in Saudi Basic Industries Corporation (SABIC) from the Public Investment Fund (PIF). The transaction was named "M&A Deal of the Year (Over US$50 billion)" by The M&A Advisor (2020).
Landcadia Holdings III, Inc. (NASDAQ: LCY), a SPAC, in its US$2.642 billion acquisition of HMAN Group Holdings Inc., the parent company of The Hillman Group, Inc., a leading distributor of hardware and home improvement products, personal protective equipment and robotic kiosk technologies, from CCMP Capital Advisors, LP.
Luxoft Holding, Inc. (NYSE: LXFT), a global technology services and consulting company based in the British Virgin Islands, in its US$2 billion sale to DXC Technology (NYSE: DXC), the world's leading independent, end-to-end IT services company.
CVC Capital Partners in its:
- investment, together with Silver Lake Partners and KKR, in US$6 billion convertible notes to be issued by Broadcom, a leading designer, developer and global supplier of a broad range of digital and analog semiconductor connectivity solutions, for the purpose of Broadcom's proposed acquisition of Qualcomm in a deal valued at US$121 billion.
- acquisition, with minority co-investor Caisse de dépôt et placement du Québec (CDPQ), of a majority stake in the international agencies of BlueFocus Intelligent Communications Group Co., Ltd., a leading publicly traded Chinese marketing services conglomerate.
Landcadia Holdings II, Inc. (NASDAQ: LCA), a SPAC, in its US$745 million acquisition of Golden Nugget Online Gaming, Inc. (GNOG), one of the nation's leading online casinos, from Landry's Fertitta, LLC, part of the Landry's group of restaurant and hospitality businesses.
Avon Rubber p.l.c. (LSE: AVON), a leading provider of life critical personal protection systems to military and first responder markets, in its US$130 million acquisition of Team Wendy, LLC, a leading supplier of critical protective systems including helmets and helmet liner and retention systems for military and first responders.
Quantum Strategic Partners Ltd., a private investment vehicle advised by Soros Fund Management LLC, in a US$100 million private placement of convertible preferred stock of Sunnova Energy Corp., a leading residential solar energy and battery storage service provider.
Beal Bank in the acquisition, through its subsidiary CXA La Paloma, LLC, of all right, title and interest in a natural gas-fired, combined cycle electric generating facility consisting of four identical power blocks, located on an approximately 400-acre site in McKittrick, California, with a nameplate generating capacity of 1,200 MWC from La Paloma Generating Company, LLC, and CEP La Paloma Operating Company, LLC.
ETF Securities Limited on the equity aspects of the US$611 million sale of its European exchange-traded commodity, currency and short-and-leveraged business to WisdomTree Investments, Inc.
FSN Capital V in the acquisition of a majority stake in Gram Equipment, a global market leader in advanced process equipment for the consumer ice cream industry's largest producers.
Angra Partners, a leading Brazilian private equity manager and minority stockholder in Estre Ambiental S.A., the largest waste management company in Brazil and Latin America, on an investment of US$370 million in Estre by Boulevard Acquisition Corp. II, a blank check company sponsored by an affiliate of Avenue Capital Group. Upon closing, Estre, directly or indirectly, is expected to become a Nasdaq-listed company.
Pilot Flying J, the largest operator of travel centers in North America, and its shareholders, the Haslam Family, in the investment in a significant minority stake by Warren Buffet's Berkshire Hathaway.
Macquarie Infrastructure Corporation and its subsidiary International-Matex Tank Terminals LLC, in its US$171.5 million acquisition of Epic Midstream LLC, an independent liquid bulk storage and logistics solutions provider.
Harvest Partners in its acquisition of PRO Unlimited, a provider of contingent workforce management services and software.
"The Business Judgment Rule – A Transatlantic Misunderstanding", 2016: 8th Österberg Symposium, University of Tübingen, Germany
