Private Equity - Brownstein Hyatt Farber Schreck

Successful dealmakers know how to spot deal breakers before they become impediments. At Brownstein, we are immersed in the private equity market, participate in high profile deals literally every quarter, and have decades of experience working on some of the nation’s most significant transactions. Our diverse, high energy team knows how to gauge the direction a deal will take early on and help our clients move on to the next deal quickly.

Rather than simply facilitating deals, we strive to understand our client’s business, investment history and criteria, and how those elements apply to their business models. We then apply our diverse experience in transactional law to help companies, funds, venture capitalists, money managers and private investors in all aspects of the private equity transaction, including fund formation, platform acquisitions, follow-on acquisitions and divestitures. We also represent asset managers considering investments in private equity. The scope of our private equity practice encompasses general corporate work, partnership and partnership tax, mergers and acquisitions and financing law.

Successful private equity deals also depend on connections. Members of our Private Equity Group have relationships across multiple industries and geographies, and can assist with introductions and help leverage strategic partnerships. We are adept at connecting key players to facilitate productive negotiations and successful outcomes.  

Representative Matters
  • Counsel to Van Law Food Products, a portfolio company of Encore Consumer Products, in its sale to Stir Foods, a portfolio company of Wind Point Partners.

  • Counsel to Encore Consumer Capital in its investment in 4505 Meats Inc., a chef-driven brand of premium meat snacks, selling antibiotic-free pork rinds and cracklings.

  • Counsel to Encore Consumer Capital in its investment in Tourtellot & Co., a specialty distributor of high-quality fresh produce to grocery chains and independent retailers across the Northeastern United States.

  • Represented Double Helix Optics, a precision 3D nano-scale imaging start-up out of Boulder, Colorado, in its Series A financing and corporate reorganization.

  • Counsel to Alpha Milling Company, a provider of rotomilling and asphalt removal service, in its sale of all of the issued and outstanding shares of its capital stock

  • Represented Jemez Technology, LLC, a high resolution security and imagery technology company, in the sale of all its capital stock to ReignRock Capital Partners, LLC.

  • Represented Mai Mechanical, Corp. in the sale of all its shares of capital stock to J.R. Hobbs Co-Atlanta LLC, a portfolio company of Gladstone Investment Corporation.

  • Represented ART Capital LLC in its acquisition of Pebble Technology, Incorporated, a manufacturer and supplier of pool finishes, pool enhancements and other outdoor environment products.

  • Represented Wellbiz Brands, one of KSL's portfolio companies, in the acquisition of substantially all of the assets of the Amazing Lash Studio group of companies, the franchisor for Amazing Lash Studios. In addition, the acquisition included the separate purchase of seven Amazing Lash studios (franchisees).

  • Counsel to The Bay Club Company, a premier active lifestyle and hospitality company, in its sale by York Capital Management to KKR, a leading global investment firm.

  • Represented ART Capital LLC in its acquisition and financing of Outdoor Dimensions, LLC, a full-service provider of signage and outdoor marketing solutions based in Southern California.

  • Represented ART Capital LLC in its acquisition and financing of Andersen Commercial Plumbing, LLC, a commercial plumbing business in Southern California.

  • Represented NexusTek Holdings, LLC and its wholly-owned subsidiary Nexus Technologies, LLC, in the acquisition of substantially all of the business assets of Syndeo Technologies, Inc., a Massachusetts corporation and IT managed services provider.

  • Represented Bow River Capital Partners in its acquisition of and acquisition financing for Control Technology & Solutions L.L.C., a leading energy retrofit company based in St. Louis, Missouri.

  • Represented Guaranty Bank and Trust Company in providing a term loan and revolving credit facility for Mountain Secure Systems, a provider of ruggedized electronic solutions, and a portfolio company of Cache Creek Industries.

  • Counsel to VetScience LLC and its Fruitables brand of natural dog treats and food supplements in its sale to Manna Pro Products, LLC .

  • Represented Encore Consumer Capital in its investment in Tender Belly, a Denver, Colorado, based premium bacon and pork products company.

  • Represented Vigeo Investments, LLC in its acquisition of and acquisition financing for Energy Hydraulics.

  • Represented Guaranty Bank and Trust Company in term loans and a revolving credit facility for SSP Innovations, LLC, to provide acquisition financing for its purchase of Wind Lake Solutions, Inc.

  • Represented California Splendor and its largest stockholder, Encore Consumer Capital, in the sale of California Splendor to Main Street Capital Corporation (NYSE: MAIN). Based in San Diego, California, Splendor is a leading provider of frozen natural fruit ingredients.

  • Represented Subsea Global Solutions, a portfolio company of Lariat Partners, in its sale to GenNx360 Capital Partners. Subsea Global Solutions is a leader in underwater ship maintenance, repair and marine construction.

  • Represented CoBiz Structured Finance in a term loan and revolving credit facility for Cutting Edge Landscape Company, a portfolio company of Tregaron Capital.

  • Represented Midstate Energy, L.L.C., a portfolio company of Bow River Capital Partners, in its acquisition of and acquisition financing for Urban Energy Solutions, LLC, an independent provider of comprehensive development, design and engineering services relating to energy efficiency solutions.

  • Represented Encore Consumer Capital, a San Francisco-based private equity firm focused on the consumer products industry, in its investment in Supergoop!, the only prestige beauty brand 100% dedicated to UV protection.

  • Represented Lion Equity Partners in the sale of its portfolio company IMEX Solutions to Landmark Global-MSI, a bpost company.

  • Represented Next World Evergreen Fund, a San Francisco-based fund, in its acquisition of Alter Eco, a producer of responsibly sourced chocolate bars, truffles, coconut clusters and other food products.

  • Represented Guaranty Bank and Trust Company in term loans and credit facilities for Mile High Flea Market LLC and its affiliates, which own and operate Denver’s premiere flea market.

  • Represented the stockholders of Sweet Earth Inc., a California-based manufacturer of plant-based protein food products, in the sale of all of the issued and outstanding equity interests and owned real property to Nestlé USA, Inc.

  • Brownstein represented Encore Consumer Capital, a private equity firm that invests exclusively in leading consumer products companies, in the sale of its portfolio company MyChelle Natural Skin Care, LLC., a leading marketer of natural skin care products, to French Transit, LLC, marketer and distributor of Crystal natural deodorant brand.

  • Represented Clarion Capital Partners, LLC in its acquisition of and acquisition financing for AML RightSource, LLC, a Gabriel Partners company.

  • Brownstein represented Greenline Ventures in providing acquisition financing to GB MFG LLC in connection with its acquisition of Grand Basket Co., Inc.

  • Represented IMEX Global Solutions in revolving credit facility from Wintrust Bank. IMEX Global Solutions is a premier provider of enhanced business mail, parcels and publications consolidation and distribution, and a portfolio company of Lion Equity Partners.

  • Represented EMS USA, Inc., a portfolio company of Victory Park Capital and provider of pipeline integrity, maintenance and repair services, in the sale of its Integrity Maintenance platform to First Reserve Advisors.

  • Represented KSL Capital Partners in its acquisition of and acquisition financing for Courtyard Kauai Coconut Beach.

  • Counsel to The Bay Club Company in its acquisition of the Manhattan Country Club, a swim and tennis club in Manhattan Beach. CA.

  • Represented Encore Consumer Capital in its investment in Veggie Noodle Co., an Austin, Texas-based food brand with distribution in more than 1,800 stores in around 40 states, including major retailers like Whole Foods, Kroger and Target.

  • Represented PAS Technologies, a portfolio company of KRG Capital Partners, in its sale to StandardAero Aviation, a portfolio company of Veritas Capital.

  • Represented Guaranty Bank and Trust in a term loan and revolving credit facility for SSP Innovations, LLC, a prominent Geographic Information Systems and work management software company, and a portfolio company of Warren Equity Partners.

  • Represented Subsea Global Solutions, a portfolio company of Lariat Partners, in the acquisition of, and acquisition financing for, All-Sea Underwater Solutions. Subsea is global leader in underwater ship maintenance, repair, and marine construction.

  • Represented Full Sail Brewing Company in a term loan and revolving credit facility from Bank of the West. Full Sail is a craft brewery located in Hood River, Oregon, and a portfolio company of Encore Consumer Capital.

  • Represented True West Capital Partners in providing acquisition financing to Gauge Capital in connection with its acquisition of International Designs Corporation, an add-on acquisition to Beauty Industry Group. Additionally, represented True West Capital Partners in an equity co-investment in the parent holding company of Beauty Industry Group.

  • Represented Bow River Capital Partners in its acquisition of and acquisition financing for Midstate Energy, L.L.C. Midstate Energy is an independent provider of comprehensive development, design and engineering services relating to infrastructure upgrades and energy efficient, asset sustainability solutions.

  • Represented KSL Capital Partners in the entry into a Purchase and Sale Agreement by the Miraval Group for the acquisition and redevelopment of the Cranwell Spa and Golf Resort in Lenox, Massachusetts.

  • Represented KSL Capital Partners in the sale of the Miraval Group, the owner and operator of the Miraval Brand, the Miraval Resort and Spa in Tucson Arizona, and the Travaasa Resort and Spa in Austin, Texas.

  • Counsel to KSL Capital Partners in the acquisition by the Miraval Group of the Travaasa Hotel and Spa in Austin, Texas.

  • Represented Pico Digital, Inc. in its sale to ATX Networks, a portfolio company of H.I.G. Capital, LLC.

  • Represented Mi Pueblo, a portfolio company of Victory Park Capital, in its sale to an affiliate of Kohlberg Kravis Roberts & Co. L.P. Mi Pueblo is Northern California’s leading Hispanic grocery retailer. In connection with this transaction, KKR also acquired Cardenas Markets, a Southern California Hispanic grocery retailer.

  • Represented Clarion Capital Partners, LLC in its acquisition of and acquisition financing for Madison Logic, Inc.

  • Represented Squaw Valley Alpine Meadows in a refinancing of a term loan and revolving credit facility from Wells Fargo Bank. Squaw Valley Alpine Meadows is a premier ski resort and a portfolio company of KSL Capital Partners.

  • Represented the Bay Club Company in the sale of Santa Barbara Clubs to a Golds Gym Franchisee.

  • Counsel to The Bay Club Company, a California-based active lifestyle corporation, in acquiring Fairbanks Ranch Country Club in San Diego, CA.

  • Counsel to The Bay Club Company, a California-based active lifestyle corporation, in acquiring The Golf Club at Boulder Ridge in San Jose, CA.

  • Counsel to Ergentus Emergency Physicians in its merger with U.S. Acute Care Solutions, a portfolio company of Welsh, Carson, Anderson & Stowe.

  • Represented Mesa Foods and its largest owner, Encore Consumer Capital, in the sale of Mesa Foods, a leading producer of high quality tortillas, flatbreads and taco shells, to Teasdale Foods, a leading provider of private label and branded beans, hominy, peppers, sauces, corn products and seasoning products.

  • Represented NexusTek Holdings, LLC in its acquisition of all of the membership interests of iPremise, LLC.

  • Represented Rise Medical Staffing, a rapidly-growing provider of travel nurse staffing solutions to hospitals and other healthcare facilities throughout the United States, in its sale to Advanced Medical Personnel Services, Inc., a portfolio company of Clearview Capital Fund III, L.P.

  • Counsel to Subsea Global Solutions, a portfolio company of Lariat Partners, in the acquisition of substantially all of the assets of Sea Sub Systems, Inc. in Tampa, FL.

  • Represented Encore Consumer Capital, a San Francisco-based private equity investment firm focused on the consumer products industry, in its acquisition of LORAC cosmetics. LORAC is a developer and marketer of branded, prestige color cosmetics that are distributed through specialty beauty retailers, department stores and online.

  • Represented Encore Consumer Capital, LP in the sale of its portfolio company, FreshKO Produce Services, Inc., a distributor of high-quality fresh produce throughout central and northern California, to C&S Wholesale Grocers, Inc., the largest wholesale grocery supply company in the United States.

  • Represented Bow River Capital in the sale of its portfolio company, AUC Group, L.P., to Argosy Capital. AUC is a leading provider of wastewater treatment solutions to municipalities, Municipal Utility Districts, and corporations primarily in the state of Texas. AUC provides a turnkey service offering composed of design, fabrication, installation, and financing of modular wastewater treatment facilities.

  • Represented Colorado Center for Reproductive Medicine, one of Colorado’s leading fertility clinics, in a growth equity investment from TA Associates.

  • Represented Encore Consumer Capital in its investment in Navitas Naturals, a pioneer of sustainably sourced, organic superfoods.

  • Counsel to Encore Consumer Capital in its acquisition of Full Sail Brewing Company, a craft brewery located in Oregon.

  • Represented Encore Consumer Capital in its investment in Thanasi Foods, the Boulder, Colorado-based company that owns the BIGS Seeds and Duke’s Smoked Meats brands.

  • Counsel to Kroenke Sports & Entertainment in its acquisition of the Sportsman Channel and related properties from InterMedia Partners.

  • Represented an affiliate of Lion Equity Partners, a Denver-based private equity firm, in its acquisition of Homes & Land, an integrated real estate media platform, providing local real estate information throughout the U.S. and parts of Canada.

  • Represented Encore Consumer Capital in its majority investment in Seattle-based indie brand, butter LONDON.

  • Represented Tropicana Entertainment Inc. (the gaming vehicle of Icahn Enterprises LP) in the acquisition of the Lumiere Place Casino, HoteLumiere, and Four Seasons Hotel St. Louis, from certain subsidiaries of Pinnacle Entertainment, Inc . through the purchase of all of the equity securities of the Pinnacle entities that hold the assets associated with such properties.

  • Counsel to Victory Park Capital Advisors in the sale of its portfolio company, Global Employment Holdings, Inc., to TZP Group.

  • Represented IMEX Global Solutions, LLC, a portfolio company of Lion Equity Partners, a Denver-based private equity firm, in obtaining a revolving credit facility.

  • Represented Encore Consumer Capital and other owners in the sale of Zuke’s LLC to Nestlé Purina PetCare Company.

  • Represented Mexico Retail Properties and MRP Group, LP in the largest ever real estate transaction in Mexico's history consisting of the sale of 49 commercial properties and the sale of MRP Group's property management platform for an aggregate purchase price of approximately US $2.0 Billion to FIBRA Uno, the first and largest real estate investment trust in Mexico.

  • Represented real estate development, investment and management company with respect to redevelopment of large indoor regional mall into large mixed-use center, including outdoor, retail, residential and office space. The firm managed the joint venture structuring, eminent domain process, public and private financing, construction matters, creation of governing documents, national anchors tenant negotiations and leasing of more than one-million-rentable square feet of retail, office and residential space to national, regional and local retailers.

  • Handled joint venture structuring, financing (private, Fannie Mae and Freddie Mac), acquisitions and dispositions plus general corporate and securities work for a private equity client focused on multifamily projects.

  • Represented KSL Capital Partners, a Colorado based private equity firm, in the refinancing of the credit facility for the James Royal Palm Hotel in Miami.

  • Represented CoBank, ACB, in connection with a syndicated credit facility to a private equity-backed provider of telephone, cable and alarm systems for small communities in the Houston, TX area.

  • Counsel to PAS Technologies Inc. in a squeeze-out merger of PAS Tech Holdings, Inc. and recapitalization by KRG Capital Partners, AlpInvest and Pennant Park, with simultaneous restructure of syndicated senior credit facility, conversion of subordinated debt to equity and equity capital infusion.

  • Represented an affiliate of Lion Equity Partners, a Denver-based private equity firm, in its acquisition of the international mail services division of Pitney Bowes, a leading provider of customer communication technologies.

  • Represented Silver Airways Corp. in add-on financing from Victory Park Capital.

  • Represented Victory Park Capital, a Chicago-based investment firm focused on providing direct financing to small and middle market companies across a variety of industries, in the amendment and restatement of financing agreements among certain of Victory Park's funds and each of Cranston LLC and SATV10 LLC, and the related issuance of senior secured notes and senior subordinated notes of each of Cranston LLC and SATV10 LLC.

  • Assisted Red Sky Resources in their fund formation and equity raise for an oil and gas fund pursuing investments in Oklahoma and Kansas.

  • Represented Kwik Tek, Inc., a leading designer and distributor of branded marine sporting goods and accessories, in its recently announced recapitalization by Guardian Capital Partners. Kwik Tek is the market leader in towables and inflatables. Its product line also includes wakeboards, water skis, kneeboards, life jackets, waterproof cases, protective fenders, and tow ropes. The company's products are marketed through marine distributors, mass retailers, and sporting goods and outdoor chains, under the brands Airhead and Sportsstuff.

  • Represented DLJ Real Estate Capital Partners in its restructuring of two joint ventures with Noble House Group.

  • Represented Griffis Residential in formation of a $1 billion real estate investment fund.

  • Secured $30 million financing for The Homestead, a historical luxury resort and spa in Virginia.

  • Represented Breakthrough Products, Inc. in their $3 million Series B equity financing.

  • Represented Spyglass Partners in its follow-on investment in Pneu-Logic Corp.

  • Represented Victory Park Capital in its follow-on investment in Silver Airways.

  • Represented Riviera Holdings Corporation, a Las Vegas casino operator and a portfolio asset of Starwood Capital Group, in the sale of the stock of Riviera Black Hawk, Inc. (the owner of Riviera's Black Hawk, Colorado casino) to an affiliate of Monarch Casino & Resort, Inc., in a transaction valued at $76 million.

  • Represented AREA Property Partners in structuring and documenting its joint venture with UP Pacifica Investors for a multi-family residential property program concentrated in the Pacific Northwest. The program contemplates further individual and portfolio property acquisitions and closed on its first portfolio acquisition of four properties from Harbor Properties Investors LLC while AREA simultaneously acquired an additional five properties from Harbor.

  • Represented Airborne Tactical Advantage Company, LLC, a flight training provider to the United States military, in connection with a debt and equity recapitalization.

  • Represented Four S Holdings LLC, a portfolio company of The Decatur Group and the largest franchisee of Sola Salons, in its recapitalization in partnership with John Chidsey, former Chairman and CEO of Burger King Corporation.

  • Counsel to Victory Park Capital Advisors in its $5M high-yield alternative senior investment to an emerging gold and silver mining company with operations in Arizona and New Mexico.

  • 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.

  • Represented Spyglass Capital Partners, LLC in the formation of a hybrid private equity-venture fund focused on early stage debt and equity investments in the beverage and bottling technology sectors.

  • Counsel to Emergency Medical Services Corporation in an opinion rendered in its $2.7B bank financing and private placement of debt securities.

  • Advised Victory Park Capital, LLC in connection with equity and debt financing transactions involving VPAA Co., the investment vehicle formed to purchase Gulfstream International Airlines.

  • Served as Nevada counsel to BWAY Holdings Company and its Nevada subsidiary. Brownstein issued an Exhibit 5 opinion in connection with the registration of 10% senior notes and guarantees relating to an exchange offer.

  • Served as counsel to WealthTouch, Inc. on its licensing, general intellectual property and several rounds of preferred equity and convertible debt.

  • Represented Black Creek Capital Group in developing a joint venture platform for formation of FundCore Finance Group, a commercial real estate lending platform, and MIRA (a Black Creek Affiliate) with investments in Mexico for mixed use real estate development.

  • 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.

  • Handled the negotiation and documentation of a senior credit facility, senior subordinated notes and the sale of equity interests to subordinated noteholders for a private equity investment firm working in the aerospace industry.

  • Represented BroadHop, Inc. in a transaction securing venture capital to provide additional Series A Financing.

  • Served as local counsel to EBNT Holdings LTD in connection with a merger and acquisition of a Nevada corporation. Brownstein handled the related financing which involved both a credit facility and notes purchase.

  • Represented a private equity investment firm in its initial platform acquisition of a leading provider of innovative repairs and advanced coatings for the aerospace, industrial gas turbine and oil and gas industries from a private equity fund.

  • Represented Global Employment Solutions, Inc. in the sale of its professional employer organization business division to a financial buyer.

  • Represented Carl Icahn and certain affiliates in connection with a modification to the credit facility secured by real property.

  • Assisted Aion Partners LLC in its corporate structuring and private placement of limited liability company units to raise equity for bringing its technology to market. Brownstein also secured the intellectual property rights for Aion to sell its proprietary, green technology that minimizes the occurrence of hospital-acquired secondary infections.

  • Counsel to the asset purchaser of a bankrupt consumer product manufacturing company.

  • Represented BroadHop, a computer hardware and software company based in Denver, in obtaining venture capital financing from Boulder Ventures and Peninsula Ventures.

  • Completed a $75 million management led going-private merger transaction for Meadow Valley Corporation. The transaction included a management leveraged buy-out with a private equity sponsor.

  • Represented brandbase Holdings, Inc. as company counsel in connection with CHB Capital Partner III, L.P.'s follow-on investment of $1 million in the company. The investment was in the form of Series B Preferred Stock.

  • Served as securities and real estate counsel to Elevation Integrated Hardware Block, LLC in connection with the loan, joint venture structuring and private placement to finance the acquisition of Hardware Block Condominiums at 1515 Wazee Street in Denver.

  • Represented brandbase Holdings, Inc. in connection with CHB Capital Partners III, L.P.'s investment of $6.5 million in the company in the form of Series A Preferred Stock. The proceeds of this investment were used to consummate two acquisitions, where we also served as company counsel.

  • Represented Bow River Capital Partners in its sale of consulting firm Strong-Bridge Envision to HCL America, Inc.

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Meet The Team

Adam J. Agron Shareholder T 303.223.1134 aagron@bhfs.com
Edward N. Barad Of Counsel T 303.223.1108 ebarad@bhfs.com
Kevin A. Cudney Shareholder T 303.223.1166 kcudney@bhfs.com
David A. Curfman Shareholder T 303.223.1169 dcurfman@bhfs.com
Steven C. Demby Shareholder T 303.223.1119 sdemby@bhfs.com
Justin M. Hahn Associate T 303.223.1277 jhahn@bhfs.com
Christopher J. Hand Associate T 303.223.1292 chand@bhfs.com
Gregory M. Janssen Associate T 303.223.1288 gjanssen@bhfs.com
Michael W. King Shareholder T 303.223.1130 mking@bhfs.com
Alexandra Fidler Metzl Shareholder T 303.223.1157 ametzl@bhfs.com
Gino A. Maurelli Shareholder T 303.223.1115 gmaurelli@bhfs.com
Kristin Macdonald Shareholder T 303.223.1242 kmacdonald@bhfs.com
Matthew R. Nyberg Shareholder T 303.223.1153 mnyberg@bhfs.com
Rikard D. Lundberg Shareholder T 303.223.1232 rlundberg@bhfs.com
Scott McEachron Associate T 303.223.1278 smceachron@bhfs.com
Charlotte S. Phelps Associate T 303.223.1294 cphelps@bhfs.com
Cecily S. Sweet Associate T 303.223.1296 csweet@bhfs.com
Elizabeth D. Paulsen Shareholder T 303.223.1187 epaulsen@bhfs.com
Jay Spader Shareholder T 303.223.1146 jspader@bhfs.com
Michelle Lee Pickett Shareholder T 805.882.1422 mpickett@bhfs.com
Ashley B. Wingfield Shareholder T 303.223.1218 awingfield@bhfs.com
Margaux Trammell Shareholder T 303.223.1192 mtrammell@bhfs.com
Sara R. Mares Paralegal T 303.223.1476 smares@bhfs.com