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Erin L. Fogarty

Fax +1.305.358.7095
Erin Fogarty is an associate in the firm’s corporate/securities practice. She represents companies and investors in public and private offerings of debt and equity securities and advises them on compliance with the reporting requirements of the federal securities laws, Sarbanes-Oxley and NYSE and NASDAQ rules and regulations. She also advises financial sponsors and strategic buyers and sellers in connection with M&A transactions.

Professional Background

Prior to joining K&L Gates, Ms. Fogarty was a corporate associate in the New York office of an international law firm. She also previously taught English to adults in Chile and Ecuador.

Capital Markets Transactions

  • Represented NeoGenomics, Inc. in its public offering of $125 million of its common stock.
  • Represented Anavex Life Sciences Corp. in its $50 million at-the-market offering program.
  • Represented the issuer in a private offering of $9.6 million of convertible senior secured notes to a Florida-based private equity fund.
  • Represented a Canadian public company with oil and gas operations principally in South America as issuer in connection with a number of Rule 144A/Reg. S offerings including: of $300 million of 7.25% senior unsecured notes, $1.0 billion in 5.125% senior unsecured notes, $1.3 billion in 5.375% senior unsecured notes along with a reopening of the 7.25% senior unsecured notes with an additional $300 million of notes.
  • Represented a Colombian banking institution as issuer in connection with two Rule 144A/Reg. S offerings including: of $250 million of 7.5% senior subordinated notes and $300 million in 3.875% senior notes.
  • Represented a Peruvian mining company with operations in Peru and Chile as a first time issuer in connection with a Rule 144A/Reg. S offering of $350 million of 4.625% senior notes.
  • Represented a Spanish pharmaceutical company in the financing its acquisition of a U.S. public pharmaceutical company, through $1.1 billion of 8.25% senior notes along with an exchange offer of existing U.S. publicly traded stock for newly registered ADRs. Represented the issuer through the initial public offering process for a foreign private issuer and in the years following regarding their reporting obligations. Later represented the issuer in its refinancing of its 8.25% notes with a new issuance of $1.0 billion of 5.25% senior notes.
  • Represented an Italian electric utility company in its offering and listing on the Irish Stock Exchange of €2.7 billion of hybrid capital securities.
  • Represented one of the leading food suppliers in the UK in its initial debt issuance of £400 million of 9 7/8% senior notes and €340 million of 9 3/4% senior notes to finance its acquisition of a UK public company.
  • Represented the sole book running manager in the issuance of $127.5 million 12.5% secured notes issued by a public company with oil and gas operations in Louisiana.

M&A Transactions

  • Represented Brightstar Capital Partners and QualTek USA, LLC in its simutaneous acquisition of two businesses: a leading wireline installation and engineering services company in Canada and a cable and network installation company with operations across the United States.
  • Represented a Costa Rican food and beverage company in connection with its acquisition of a U.S. brewing company. Transaction size: $388 million.