Mergers & Acquisitions

Stock Purchases & Dispositions | Mergers | Tender & Exchange Offers | Leveraged Buyouts | Restructuring

Duffy & Sweeney’s mergers and acquisitions lawyer team brings to the table a wealth of experience advising public and private companies in all aspects of mergers and acquisitions in both the US and internationally. We regularly handle asset and stock purchases and dispositions, mergers, tender and exchange offers, leveraged buyouts and restructurings. When litigation issues arise, we represent clients to resolve disputes at any stage of the transactions.

Whether the deal is a public-public merger with the related SEC disclosure and fiduciary requirements, or the unique issues presented by sales of VC-backed private companies, we advise clients on friendly and hostile tender offers, and represent investment banks serving as financial advisors in mergers.

Our mergers and acquisitions lawyers understand that transactions are successful only if they accomplish the client’s strategic business objectives.

We know that buyers and sellers need to operate their business throughout the deal with minimal disruption to the customers, shareholders and employees.

Our office is based in the heart of the financial district in Providence, Rhode Island. Contact us at 401.455.0700.

Mike Sweeney, who leads the M&A practice,  was recognized by Best Lawyers as “Lawyer of the Year”  in Rhode Island for his expertise in mergers and acquisitions in 2014, and again with closely held companies/family businesses in 2017 .  Since the 2008 recession, Mike has successfully spearheaded numerous significant mid-market M&A transactions across the US, helping family and entrepreneur owners convert several billion dollars of private enterprise value into liquidity.

See most recent deals:

  • D&S represented the members of a leading manufacturer of innovative products for medical applications in the sale of all of the members’ ownership interests to an affiliate of a Japanese company. The multi-million-dollar matter involved high level contract negotiations as well as a real estate component. The firm was able to introduce representation and warranty insurance into the transaction to successfully bridge the buyer’s desire for increased escrows and indemnity amounts and the sellers’ desire to minimize the escrow and indemnity amounts that proved to be beneficial to both the buyer and the sellers.
  • The D&S team represented a publicly-owned bank holding company in the acquisition of a registered investment adviser firm. The transaction involved securities matters and bank filings together with registrations and withdrawals under the Investment Advisers Act of 1940.
  • D&S represented affiliates of a local holding company in its recapitalization and refinancing of a successful mixed use project comprised of historic residences and businesses in a landmark facility. The transaction involved equity and bank financing which included the refinancing of the original credit facilities that were comprised of both senior and mezzanine debt.
  • Duffy & Sweeney, LTD represented a leading Rhode Island based insurance brokerage firm in its merger with a top 100 insurance agency
  • The firm represented a hotel owner in a 2015 multi-million portfolio transaction that involved both debt and equity financing. The transactions included the acquisition of five hotel properties in New England and disposition of three hotel properties that significantly advanced and upgraded its property holdings in Maine, Massachusetts, and New Hampshire.
  • The firm represented a leading medical product and device development company and its equity holders in its acquisition by an international life-sciences venture-capital firm that closed in October of 2014.
  • The firm represented a software development and services provider for commercial and industrial environments in the 2014 sale of substantially all of the assets of the company in a transaction that included sophisticated tax planning and carryover investment in the new entity by management.
  • The firm represented a real estate project development and management company in its acquisition of a Newport-based yachting and entertainment venue in 2014. The eight-figure transaction involved a private placement of equity under Rule 506 of Regulation D of the securities laws as well as traditional bank financing.
  • D&S attorneys represented a leading consumer electronics and audio supplier in a deal with the owner of a global brand to acquire its operating assets and the right to use the three brand names in the professional audio space via a trademark license agreement. The deal included inventory, operating assets and trademark license fee.
  • The firm represented a technology client in a $15 million stock deal involving the sale of a software company with proprietary software for the waste industry to an Irish company looking to expand its US operations.
  • The firm represented a lumber company in a “363 bankruptcy” prepackaged acquisition involving the purchase of a similar company, known as leader in a neighboring marketplace, in a pre-approved bankruptcy matter. The complex deal involved pension liability issues and created jobs in both Rhode Island and Connecticut. The transaction included the acquisition of five parcels in Connecticut, two of which involved environmental compliance with the CT Transfer Act.
  • D&S attorneys represented a leading privately-held New England based manufacturer of rigid dispensing closures in the sale of assets to a publicly traded, strategic buyer for a purchase price in excess of $70 million. The transaction involved an auction process conducted by a national investment bank leading to multiple offers plus a triple net lease to the buyer of the sellers’ manufacturing facilities. The firm is also handled the sale of the leased facility.
  • The D&S team represented a New England-based manufacturer of commercial pool and waterpark filtration equipment in the sale of assets to a leading private equity firm for a purchase price in excess of $50 million. D&S was further involved in the “bolt on” acquisition of a Wisconsin-based manufacturer of related components by the private equity portfolio company.
  • D&S served as counsel in the sale of a division of a mechanical energy management solutions company to a highly successful developer of renewable energy projects and provider of a suite of energy management and conservation services in a multi-million deal
  • D&S served as counsel to a Connecticut-based manufacturer of custom springs, stamping and medical components, in its acquisition by the second largest manufacturer of springs and specialty fasteners in North America. The multimillion dollar deal included the transfer of the manufacturing facility for real estate purposes
  • Firm attorneys assisted a firm client in its acquisition of a leading provider of digital audio and MIDI solutions for today’s electronic musicians and audio professionals from a publicly traded company.
  • D&S attorneys represented a leading, employee-owned hospitality company based in Newport, RI in the purchase of a successful New England-based restaurant chain.
  • D&S attorneys represented the majority owners of a precious metal refining and reclamation services company which was sold to North America’s largest online provider of recycled, remanufactured, and reconditioned original equipment auto parts for cars and light-duty trucks requiring collision or mechanical repair. The D&S team handled the business operations and real estate for the North Smithfield company.
  • The firm represented a leading over-the-counter pharmaceutical maker in a multi-million dollar private equity-backed sale to a national private equity firm. The D&S team represented the seller who stayed active in an ownership capacity and maintains an ownership stake. The deal also involved issues of licensing and real estate at the state-of-the-art manufacturing facility in RI.
  • Represented a jewelry designer and manufacturer in connection with post-closing issues with a Berkshire Hathaway affiliate that had acquired the company including indemnity claims, disputed net working capital adjustments and earn out calculations
  • Represented a precious metals refiner and recycler in connection with post-closing issues with a multi-billion dollar publicly traded company that had acquired the company including indemnity claims and disputed net working capital adjustments.
  • Represented an industrial valve manufacturer in connection with enforcement of terms of post-closing earn-out and consulting agreement against publicly traded corporation that had acquired company
  • Defended the seller-manufacturer of home heating products against claims of breaches of indemnities brought by private equity buyer of company.