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Whitney J. Smith  Partner
New York  +1.212.536.3930
Fax +1.212.536.3901
whitney.smith@klgates.com Add to Outlook Contacts


Areas of Practice Representative Experience Bar Admissions Education

Areas of Practice

Mr. Smith is a partner in the Corporate Group of K&L Gates’ New York office where his practice focuses on mergers and acquisitions, corporate finance and securities matters, and private equity transactions.   The transactions on which Mr. Smith advises typically involve technology companies, and his experience ranges from traditional private company acquisitions and divestitures to public company mergers and advice in connection with potentially hostile situations.  On corporate finance and securities matters, Mr. Smith represents issuers and investors in connection with private placements of preferred equity and debt securities, filing of registration statements with the SEC, and secured and unsecured debt financing.   Mr. Smith is also active in private equity transactions, both investments and exits.  In addition to corporate transactions, Mr. Smith advises public companies and their Boards of Directors in connection with compliance with SEC reporting and corporate governance matters under securities laws and regulations.

Representative Experience
  • Regular representation of national and multinational companies in connection with their acquisition and disposition transactions.
  • Sale of Artesyn Technologies (NASDAQ) to Emerson Electric (NYSE) – $580 million.
  • Advised a publicly traded company and its Board of Directors in connection with an unsolicited proposal to merge the company and subsequently in connection with negotiations with an activist hedge fund that had acquired a 10% stake in the company.
  • Advised two private equity fund shareholders in the sale of a portfolio company engaged in order-to-cash cycle outsourcing and enterprise receivables management to an outsourcing spin-off of GE. 
  • Advised venture capital firm in connection with numerous investments in early-stage technology companies and subsequent portfolio company financings. 
  • Advice to hedge funds in evaluating a number of activist investments.
  • Advised a publicly traded manufacturer of power conversion products and embedded computing solutions in connection with a 144A convertible debt offering (led by Lehman Brothers).
  • Represented a mortgage investment and servicing firm in connection with a numerous senior subordinated debt offerings and Trust Preferred Securities offerings.
  • Advised NYSE-listed company in connection with a significant restatement of past financial statements and related SEC and NYSE inquiries.

Bar Admissions
  • Bar of New York
Education
  • J.D., Albany Law School (1994) (cum laude; Associate Editor, Albany Law Review)
  • B.A., Boston College (1989)

PRACTICES & INDUSTRIES
Corporate
Mergers & Acquisitions
Securities
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