Jim’s practice is focused on business transactions, including mergers and acquisitions (M&A), complex reorganizations, joint ventures, service and land partnerships, and secured debt financing. Although his practice is transaction-oriented, he also has considerable experience in business and real estate litigation, due in large part to his early years handling business acquisitions in the chapter 11 bankruptcy context (otherwise known as "363 sales") and, more recently, real estate litigation involving governmental takings by condemnation (eminent domain).
Representative Matters:
- Represented local Austin restaurant chain in negotiating, documenting and closing asset sale worth more than $11 million in cash and assumed liabilities.
- Helped oilfield services client negotiate and close a $65 million senior secured credit facility consisting of term loans and asset-based revolving facility.
- Worked with high-tech construction company to acquire competitor in $8 million asset purchase
- Represented manufacturing client in connection with the creation and tax-free spinoff of company-owned real estate into separate entity, making way for subsequent sale of operating entity to third party paired with long-term lease
- Negotiated complex restructuring of $54 million senior secured credit facility on behalf of clients in waste disposal and recycling industries.
- Assisted corporate clients in various industries address loan covenant defaults, negotiating waivers, amendments, and lender consents.
- Successfully consolidated $70 million portfolio of commercial property into a single master limited partnership for purposes of obtaining additional round of debt and equity financing.
- Represented corporate clients in connection with the financing (and subsequent refinancing), through a separate single-purpose entity, of a $5 million real property with troubled environmental history.
- Worked on behalf of publicly-traded health care company in connection with acquisition of Philadelphia-area hospital and medical school, for purchase price in excess of $340 million plus assumed liabilities.
- Won reinstatement of federal civil rights claims against the City of Lakeway, which had been dismissed under the rule of Monell v. New York (published opinion at 922 F.ed 309 (5th Cir. 2019)).