Biography
Tal Marnin, Global Co-Head of White & Case's Employment, Compensation and Benefits practice, advises clients on the full spectrum of employment, executive compensation and employee benefits ("ECB") issues, often leveraging his significant experience as an employment litigator. As part of the Firm's Global Mergers & Acquisitions Practice and Private Capital Industry Group, Tal brings strategic insight to the ECB aspects of a range of large-scale M&A deals. Tal also has particular expertise in advising private equity sponsors and their portfolio companies on structuring management compensation in major corporate transactions as well as advising on highly-sensitive ECB issues affecting their C-Suite executives.
Clients look to Tal for his ability to solve challenging employment and compensation issues, arising both on a day-to-day basis and in the context of major corporate transactions, including (i) transition of C-Suite executives and other key executives, (ii) structuring bespoke management compensation arrangements, (iii) workplace investigations regarding discrimination, harassment and other workplace misconduct, (iv) executive mobility, including enforceability of restrictive covenants, and (iv) mass layoffs, plant closings, furloughs and other alternatives to address a downward economy. Tal's employment and litigation experience has proven to be instrumental in advising clients on the abrupt changes needed to be made to address COVID-19.
Tal works closely with the Firm's Financial Restructurings and Insolvency practice to advise companies considering bankruptcy protection regarding a range of employment matters, including the interplay between the federal and state Worker Adjustment and Retraining Notification (WARN) Acts and bankruptcy law, the priority status of employee wages and potential director and officer liability for unpaid wages, and key employee incentive and retention programs.
Tal also works with the Firm's Commercial Litigation practice to represent employers in material employment litigation, including claims regarding workplace discrimination, restrictive covenants, whistleblowing and unfair competition/employee raiding claims, including having obtained FINRA arbitration awards of approximately US$24.5 million (the top FINRA award in 2017) and US$17.8 million (the top intra-industry FINRA award in 2015) for clients in two separate employee raiding arbitrations.
Experience
Representative M&A and Private Equity Matters:
- CVC Capital Partners in a number of transactions, including: (i) its acquisition of a majority equity stake in UnitedLex, a leading alternative legal services provider; (ii) its investment in a limited liability company formed to create, acquire and invest in enterprises in the sports, media, entertainment, technology and lifestyle industries; (iii) its acquisition of Vitech Systems Group, a leading provider of cloud-based financial administration solutions; (iv) its acquisition of a majority stake in MedRisk, a leading provider of managed physical medicine services for the workers' compensation industry in the United States; (v) its 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; (vi) its acquisition of a majority interest in ExamWorks, a global leader in independent medical examinations, peer reviews, document management, and related services; (vii) its acquisition of Mediaocean, the leading global omnichannel advertising platform; (viii) in a consortium of investors, its US$3.5 billion investment for a 22.55% stake in Authentic Brands Group LLC, a brand management company and owner of a portfolio of brand name companies; and (iv) acquisition of a significant stake in Epicor, a global provider of industry-specific enterprise software to promote business growth.
- The Managing Entity of Invenergy Renewables, the largest private renewable energy company in North America, in connection with an approximately US$3 billion equity investment from Blackstone Inc. (NYSE: BX). Blackstone's investment was one of the largest renewable investments in North American history.
- Cobepa S.A. on its investment in Reaction Biology Corporation, an industry-leading provider of drug discovery services, as well as the financing of the transaction, and on its acquisition of Ned Stevens, one of the leading gutter cleaning and home maintenance service providers in the United States, from AVALT.
- Kobalt Music, the leading music and technology publishing provider, on its sale to Francisco Partners for approximately US$750 million.
- Pernod Ricard SA, the world's second largest producer of wines and spirits, in its acquisition of (i) Firestone & Robertson Distilling, owner of the TX brand, a leading whiskey portfolio headquartered in Fort Worth, Texas, (ii) acquisition of a majority interest in Rabbit Hole Spirits, LLC, a US premium bourbon brand, and (iii) acquisition of multiple minority equity stakes of Sovereign Brands and its portfolio of fast-growing super premium wine and spirits brands.
- Hexatronic Group AB (publ), a fiber optic company based in Sweden, on its acquisition of US-based Rochester Cable, a leading manufacturer of electro-optical cables for operation in harsh environments, from industrial technology company TE Connectivity.
- Atlas Arteria (ALX.AX), one of the world's largest developers and operators of private toll roads, in its US$2.01 billion acquisition of a 66.67% majority interest in the Chicago Skyway toll road from CPP Investments and OMERS Infrastructure.
- Gorillas, on its US$1.2 billion sale to Getir, Europe's leading q-commerce player, in a transaction valuing the combined group at US$10 billion.
- Carlyle Group on a c. US$55 million Series B round into Hack the Box, a gamified cybersecurity training platform, based in the UK with a presence in Greece and the US.
- Faurecia, part of the FORVIA Group and one of the world's largest automotive equipment suppliers, on the sale of its SAS Cockpit Modules division, a global provider of assembly and logistics services for the automotive industry, to automotive supplier MOTHERSON Group.
- KDB Investment-Hana Securities, Korea Investment Private Equity and KB Asset Management on the US$150 million acquisition of newly issued convertible preferred shares in US-based HyAxiom, Inc., a leading developer and manufacturer of hydrogen-based and other fuel cells and electrolyzer solutions.
- Triton Partners (Triton) on its investment in Wavelynx Technologies, a leader in the field of secure and open mobile-first identity and access control solutions, based in Colorado, USA.
- HYBE Co., Ltd., one of South Korea’s largest music label and KRX-listed entertainment, media and technology companies, on establishing its Latin music business platform and US acquisitions of Exile Music and Exile Podcast from media and entertainment company Exile Content.
- Ramudden Global, a Triton Fund IV portfolio company, on its acquisition of RSG International, a leading North American provider of infrastructure safety services.
- The AirHelp group, the market leader in flight disruptions management, on an equity investment by investment fund Abry Partners.
- Jersey Mike's Subs, a leading franchisor of fast-casual submarine sandwich stores in the United States, on its entry into an agreement whereby private equity funds managed by Blackstone will acquire a majority ownership position in Jersey Mike's.
- Ramudden Global, a portfolio company of Triton Fund IV, on its acquisition of Curtin Co., LLC and Carolina Traffic Devices, LLC (Curtin), a leading North American provider of traffic management solutions.
- Bryan, Garnier & Co. (Bryan Garnier), a leading independent full-service investment bank specializing in the European technology and healthcare sectors, on its acquisition by Stifel Financial Corp. (NYSE: SF) (Stifel).
- Summit Partners on its investment in Dreampath Diagnostics.
- 3i Group plc (3i) and all the selling shareholders on the completion of the sale of MPM Products Limited (MPM), a global leader in premium and natural pet food, to Partners Group.
- Ares Management funds ("Ares") on its preferred equity investment in Leaf Home alongside Gridiron Capital and co-investors.
- New Alvogen Group Holdings, Inc., the parent company of Alvogen Pharma US, Inc. ("Alvogen"), on the entry into a definitive agreement to sell the parent company to Lotus Pharmaceutical Co., Ltd.
Representative Bankruptcy Matters:
- CION Investment Corporation on the purchase of substantially all of the assets of David's Bridal, the nation's leading bridal and special occasion authority.
- Athyrium Capital Management, LP and certain funds it manages on the acquisition of the equity of RVL Pharmaceuticals, Inc., a specialty pharmaceutical company that develops and sells eyecare and medical aesthetics products, and its subsidiary, through a prepackaged chapter 11 restructuring plan confirmed by the United States Bankruptcy Court for the District of Delaware.
- ConvergeOne, an advanced technology and solutions company now known as C1, on the successful filing of its prepackaged chapter 11 plan in the United States Bankruptcy Court for the Southern District of Texas.
- Zachry Holdings, Inc.—a 100-year old, leading engineering and construction business—on its successful restructuring through chapter 11 cases pending in the United States Bankruptcy Court for the Southern District of Texas.
- Anchor Glass Container Corporation, a leading North American manufacturer of premium glass packaging products, on a comprehensive recapitalization.
Leading Lawyer for US Corporate Employment Law, Lawdragon 500, 2020-2026
Key Lawyer, Legal 500 US Employee benefits, executive compensation and retirement plans: transactional, 2025
Ranked for US Labor & Employment (Workplace and Employment Counseling) in Legal 500 2010
DOL's Virus Paid Leave Rule: What Employers Should Know, Law360, April 2020
Advanced Profits Interests Issues for Private Equity Sponsors, Practice Note, Thomson Reuters Practical Law, 2019