Mergers and Acquisitions

Brett is a member of the firm’s national mergers and acquisitions group.  The group consists of more than 50 attorneys nationwide who have built a reputation as leaders in middle-market M&A.  The group represents strategic buyers and sellers, private equity groups (and their portfolio companies), entrepreneurs, family offices, founder- and family-owned businesses, boards of directors (and their special committees) and financial advisors.  The national M&A team is particularly experienced in the financial services, healthcare, technology, manufacturing, real estate and construction, and professional services industries. In the past five years, the team has handled hundreds of M&A transactions with values as high as $5 billion.

In the past few years, Brett has worked on more than 50 transactions.  Although most of these transactions were domestic, several included international companies and/or components.   In addition, many of these deals (and their related components) required regulatory filings (see Capital Markets and Securities experience, below).

M&A Experience:

• Represented a telecommunications services company in $185,000,000 sale to a private equity sponsor.
• Represented an agricultural company in a series of transactions leading to $27,000,000 sale of its equity.
• Represented a national bank in $183,000,000 acquisition of a financial services and technology business.
• Represented a private company in $46,000,000 sale of its common stock to a buyer engaged in designing and selling material handling systems for distribution centers in North America, and through its affiliates, in Central and South America, Europe and Asia.
• Represented a strategic buyer in $5,600,000 acquisition of data analytics company and platform that was featured on Shark Tank.
• Represented an international energy company in $425,000,000 sale to a private equity firm.
• Represented a national bank in $62,000,000 acquisition of a loan origination, servicing, analytics and advisory business.
• Represented a private company in a series of transactions resulting in a $65,000,000 bank merger and acquisition.
• Represented a private company in numerous strategic roll-up acquisitions, ranging from $500,000 to $40,000,000.
• Represented a private company in multiple strategic asset and stock acquisitions, ranging from $2,000,000 to $8,000,000.
• Represented a technology services company in $13,000,000 acquisition of a loan origination, servicing, analytics and advisory business.
  
   

Corporate Strategy

Brett regularly helps business leaders with their corporate strategy.  His skillsets include a special knowledge of business laws and regulations which help business leaders make decisions.  Companies frequently employ the services of a corporate governance specialist to provide strategy in the board room and at the executive level.  Examples include:

• Board and board committee structure and operation
• Roles and liabilities of directors, officers, and managers
• Threat assessment and mitigation
• Policies regarding corporate governance
• Compliance procedures
• Financial matters and legal obligations
• Corporate structure and planning
• Shareholder proposals
• Derivative and shareholder litigation
• Executive employment agreements
• Assisting with enterprise risk management and asset protection
• Charter and bylaw provisions

Capital Markets and Securities

Brett also works with clients on fund formation.  His representation includes both public and privately held companies, national and regional investment banks, REITs, syndicators of public and private investment and private equity funds, and other financial services companies.  In addition, Brett also provides counsel to smaller and early-stage companies looking to raise capital, such as start-ups and high growth companies.

Capital Markets and Securities Experience:

• Represented private placements ranging between $10,000,000 and $275,000,000, including SEC Regulation D and Blue Sky filings.
• Ongoing securities law compliance for publicly traded companies.
• Represented Real Estate Investment Trusts (REITs), ranging from $125,000,000 to $250,000,000 in filed securities.

In addition, Brett leverages the firm’s resources to ensure that private equity managers feel confident in their fund formation, governance, tax planning and structuring.  This includes a focus on anticipating each client’s needs and delivering seamless and responsive support.  Whether a fund manager is industry-focused, or capitalization driven, Brett works hard to understand and help each fund grow within its optimum legal framework.

Firearms National Practice Group

Brett is a member of the firm's national firearms practice group, which is recognized as the only AmLaw 200 firm with a dedicated national firearms industry group. Brett's involvement in this group underscores his commitment to serving the unique business and legal needs of firearm, ammunition, and accessory manufacturers, dealers, and ranges.  Brett's firearms practice is characterized by a relationship-driven approach, ensuring that clients receive personalized and effective legal support. His dedication to the firearms industry is evident in his ability to deliver industry-tailored legal advice that addresses the full spectrum of legal issues confronting manufacturers, dealers, and range operators.

Publications

• "Sports Gambling in Nebraska: A Good Bet for the Good Life,"  98 Neb. L. Rev. 718 (2019)
• "A Contractor’s Guide: Nebraska’s Anti-Indemnity Statute," Nebraska Law Review Bulletin (2020)

Media Mentions

• "Attorneys Offer Thoughts of How College Athletic Departments Should Cope with NIL Movement." Sports Litigation Alert, July 30, 2021.
• "Jumping into NIL: Nebraska, Iowa college athletes (& companies) line up deals as universities brace for change." WOWT-TV (NBC-Omaha), July 1, 2021.