REPRESENTATIVE EXPERIENCE
Bert’s recent representative experience includes:
Financial Services
- Representing Hartford Fire Insurance Company, the P&C line holding company for Hartford Financial Services Group Inc., in the sale of First State Management Group Inc., a managing underwriter specializing in commercial excess and surplus insurance coverage.
- Advising Putnam Investments LLC in connection with the restructuring of its relationship with Mercer, related to Mercer’s defined-contribution retirement plan business.
- Representing Great-West Lifeco Inc., a financial services holding company controlled by Canada-based Power Financial Corporation, in its acquisition of Putnam Investments from Marsh & McLennan Companies Inc., for approximately $3.9 billion.
- Advising The Hartford Financial Services Group Inc., a financial services company, in its acquisition of Sun Life Retirement Services (U.S.) Inc., a provider of recordkeeping and administrative services to defined contribution plans.
Energy
Bert has also recently represented such clients as Cargill Inc., Louis Dreyfus Highbridge Energy LLC, Morgan Stanley, Questar Inc., and Trafigura A.G. in transactions involving energy assets. Specifically, Bert has advised clients in the following:
- Acquiring or disposing of hard “physical” energy assets and contractual energy assets.
- Drafting and negotiating joint venture and development agreements involving energy assets.
- Drafting and negotiating terminal operating agreements.
- Drafting contract documentation of spot and long-term crude and refined products supply agreements.
- Advising on inventory financing arrangements for petroleum retailers.
Other Transactions Some of Bert’s other representative transactions include:
- Representing RTM Restaurant Group Inc., Arby’s largest franchisee with 775 Arby’s restaurants, in its acquisition by Triarc Companies Inc. for approximately $727 million.
- Representing Arcapita Inc., a private equity firm, in its acquisition of the Church’s Chicken restaurant brand from AFC Enterprises Inc. for approximately $390 million.
- Representing Spectrum Brands Inc. in the acquisition of Tetra Holding GmbH, the leading global brand in foods, equipment and care products for fish and reptiles, from Triton, for approximately €415 million.
PROFESSIONAL HONORS AND AWARDS
- Named to The Best Lawyers in America in the areas of mergers and acquisitions law and leveraged buyouts and private equity law (2009, 2010)
PROFESSIONAL AND COMMUNITY INVOLVEMENT
- Member, American Bar Association
- Member, New York City Bar Association
- Member, International Energy Credit Association (IECA)
- Member, Life Insurance Council of New York (LICONY)
- Graduate, Leadership Atlanta (Class of 2006)
RECENT PUBLICATIONS AND SPEAKING ENGAGEMENTS
- Author, “M&A Report,” Restaurant Finance Monitor (June 2008)
- Speaker, "The Federal Regulation of Insurance," (June 2009)
- Speaker, “Material Adverse Effect Clauses—the Ramifications in Corporate Transactions,” Southeastern M&A Forum (2006)
- Speaker, “Strategic Considerations in the Private Company Auction,” Southeastern M&A Forum (2005)
- Speaker, “Confidentiality Provisions in the Acquisition Context,” Georgia Continuing Legal Education (2005)