Lundberg, Rikard D.

Lecturer, University of Denver, Sturm College of Law (administrative law and public international law)

Attorney, Steptoe & Johnson LLP

Officer, Naval Counter Special Operations Forces Company of the Swedish Royal Navy

With law degrees earned in two countries and a track record of successful multi-million offerings, Rikard Lundberg advises high-profile companies on all aspects of securities law and stock exchange compliance, as well as serving as outside corporate counsel.

Rikard represents private and public companies from various industries such as recreation, hospitality, media, alternative energy, gaming and consumer products in a broad range of transactions, including public and private securities offerings, equity and debt financings, EB-5 transactions, mergers and acquisitions, corporate contracting and general commercial and corporate matters. His work also includes complex matters in the organization and capital formation of start-up businesses.

Before settling in Denver, he practiced in Washington, D.C. where he advised clients on international trade matters before U.S. administrative agencies, U.S. courts and international dispute settlement tribunals.

He is fluent in written and spoken Swedish.

Previous Experience

Lecturer, University of Denver, Sturm College of Law (administrative law and public international law)

Attorney, Steptoe & Johnson LLP

Officer, Naval Counter Special Operations Forces Company of the Swedish Royal Navy

Deals
Practices & Industries
Securities

Rikard counsels public and private companies and underwriters on state and federal securities laws, including all aspects of registration of securities offerings and reporting under the Securities Act of 1933 and the Securities Exchange Act of 1934.

Rikard has extensive experience counseling companies, executives and directors in industries ranging from energy to entertainment in executive compensation, the Sarbanes-Oxley Act, the Dodd-Frank Act, Regulation FD, Section 16 and other areas of securities law.

Corporate Governance

Rikard advises executives, directors and managers of public and private companies on their fiduciary duties and other corporate governance matters under Colorado and Delaware law related to day-to-day operations, mergers and acquisitions, securities offerings, controlled corporate transactions and other complex matters. 

EB-5

In addition to his private and public securities law experience, Rikard has also represented regional centers, developers and service providers involved in project financing under the EB-5 immigrant investor visa program. He has a wealth of experience counseling clients on corporate and securities law aspects of EB-5 transactions and leading successful teams in drafting and negotiating the complex and voluminous documents that drive an EB-5 transaction.

Representative Matters
  • Counsel to an affiliate of bet365 Group Limited, the world’s largest online sports bookmaker, in its acquisition of $50M of Empire Resorts common stock, making it Empire’s second largest stockholder. This strategic partnership provides bet365 with access to the New York State sports wagering market and allows it to offer retail betting, an online sportsbook and online gaming at Resorts World Catskills when permitted by applicable law.

  • Counsel to RGS Energy in a $1.8M offering of shares of Class A common stock and pre-funded warrants under an effective registration statement on Form S-3. The company also sold additional warrants in a concurrent private placement.

  • Counsel to Real Goods Solar in a $2.8M public offering of units, each unit consisting of one share of Series A 12.5% Mandatorily Convertible Preferred Stock, and one Series H Warrant to purchase approximately 181.8181 shares of Class A common stock.

  • Counsel to Gaia in the $145.7M sale of its branded fitness equipment and apparel business to Sequential Brands and Fit for Life.

  • Counsel to RGS Energy in its private offering of equity securities for gross proceeds of approximately $7M.

  • Represented RGS Energy, a nationwide leader of turnkey solar energy solutions for residential, commercial, and utility customers, in its acquisition of Elemental Energy, LLC, a full-service solar energy firm operating under the Sunetric brand, based in Oahu, Hawaii.

  • Counsel to Real Goods Solar in an underwritten secondary public offering of units consisting of common stock and warrants for gross proceeds of over $20M. The warrants and the common stock issued as part of the units were issued under an effective registration statement on Form S-3.

  • Represented Riviera Holdings Corporation, a Las Vegas casino operator, in negotiating the terms of the $76 million sale of its Riviera Black Hawk casino in Colorado to an affiliate of Monarch Casino & Resort, Inc. The transaction was structured as a sale of 100 percent of the common stock of the Riviera subsidiary operating the Black Hawk casino.

  • Counsel to Pinnacle Entertainment, a casino operator, in conducting a value-for-value option exchange program where eligible employees could exchange certain 'underwater' options to purchase common stock for new options covering a lesser number of shares of common stock. The exchange offer achieved 100% participation.

  • Represented Spyglass Capital Partners, LLC in its convertible debt and equity investment in Shadow Beverages and Snacks, an Arizona limited liability company, which manufactures private label beverages.

  • Counsel to Pinnacle Entertainment, a casino operator, in registering a unique ongoing public offering of shares of common stock to customers under a customer loyalty program. The SEC declared the offering's registration statement on Form S-3 effective in July 2011. We believe that this offering is only the second such registered offering to become effective.

  • Represented a NASDAQ-traded public company in a $40 million management-led going private merger transaction.

  • Served as counsel to Renal Ventures Management, LLC on its $30 million private placement of debt and warrants with Goldman Sachs, and related redemption of stockholder equity. Renal Ventures Management is engaged in the business of providing intermittent or continuous renal replacement therapy, dialysis supply services, renal diagnostic testing and other health care services.

  • Served as counsel to Renal Ventures Management, LLC. JP Morgan Chase & Co. and Vectra Bank have formed a syndicate to provide an expanded senior credit facility providing up to $50 million of additional capital for growth and operations.

  • Assisted Graham Packaging Company, L.P. in a $568 million strategic acquisition of another manufacturer and supplier. In the transaction, Graham Packaging Company acquired all of the limited partnership units of the target company from the company's limited partners and all of the stock of each of the company's three corporate general partners from their stockholders. A manufacturer and supplier of technology-based, customized blow molded plastic containers for the branded food and beverage, household, personal care/specialty and automotive lubricants product categories, Graham Packaging Company is a portfolio company of Blackstone Capital Group.

  • Assisted Global Employment Holdings, Inc., a temporary staffing and professional employment organization, in 'going dark' and recapitalizing. In the process, Brownstein assisted this Denver-based public company in issuing shares of common stock, promissory notes and preferred stock, and amended a senior credit facility. The recapitalization included converting a senior term loan into subordinated debt, issuing new debt, converting a portion of existing subordinated debt into equity, amending and restating the terms of existing subordinated debt and converting existing preferred stock into common stock.

  • Represented a public company issuer in connection with its (i) merger with an operating company located in the People's Republic of China, (ii) simultaneous $8.5 million private placement of Series A Preferred Stock and Warrants, and (iii) subsequent public offering of securities issued in the private placement via a registration filed with the SEC. Brownstein assisted this client in establishing a market capitalization of approximately $250 million.

  • Represented Kohlberg & Company in its $160 million sale of Invisible Fence.

  • Represented Global Employment Holdings, Inc. in a $120 million recapitalization and public shell merger.

News & Events
Community

Board of Directors, Youth on Record

Board of Directors, Swedish-American Chamber of Commerce of Colorado, 2007-2010, 2011-2014

Board of Directors, Swedish School of Colorado, 2007-2009

Publications & Presentations
Education
  • J.D., 2002, with highest honors, The George Washington University Law School
  • Swedish Law Degree, 2000, Lund University, Sweden
  • Military Degree (Commissioned Officer), 1993, Naval Officer’s Academy, Karlskrona, Sweden
Admissions
  • Colorado
  • District of Columbia
  • Massachusetts
Recognition

EB5 Investors Magazine, Top 15 Corporate Attorneys, 2018

Colorado Super Lawyers, 2014-2015

Colorado Super Lawyers, Rising Stars, 2012

The George Washington Law Review

 

Membership

IIUSA, Best Practices Committee

Past Member, Editorial Advisory Board of the Market Rulebook's Mid-Market Securities Report

American Bar Association

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