Perez

Nicole Perez

Partner
New York
Nicole Perez focuses on public and private mergers and acquisitions, both cross-border and domestic and general corporate matters. In addition, she also advises clients and their boards on activist defense, joint ventures, securities law, corporate governance, divestitures, leveraged buyouts, recapitalizations, spin-offs, minority investments, PIPEs deals, commercial contracts and other complex corporate transactions.

Nicole has extensive experience in a broad range of industries, including technology, telecommunications, media, health care, life sciences, energy and alternative energy and pharmaceuticals.

Education

  • Stanford Law School, J.D., 1999
  • University of North Carolina at Chapel Hill, B.A., 1995
     

Bar and Court Admissions

BAR ADMISSIONS
  • New York

Experience

  • Represented Gentiva Health Services (NASDAQ: GTIV) in its defense against hostile tender offer by Kindred Healthcare Inc. (NYSE: KND) and its negotiated sale to Kindred for $1.8 billion (including assumed debt).*
  • Represented Mylan Laboratories Inc. (NYSE: MYL) in connection with attempted $4.0 billion merger with King Pharmaceuticals (NYSE: KG), its defense against an unsolicited offer by Carl Icahn to acquire Mylan and a related proxy fight by Carl Icahn to solicit proxies in opposition to the merger.*
  • Represented Avellino Lab USA in its proposed de-SPAC transaction with Senior Connect Acquisition I.*
  • Represented Clayton, Dublier & Rice, Inc. in its $3 billion sponsored spin off of Alberto-Culver Company's (NYSE: ACV) Sally Beauty division (NYSE: SBH) structured as a reverse Morris Trust transaction.*
  • Represented Trian Partners in its proxy fight to obtain four board seats on the DuPont de Nemours Inc. (NYSE: DD) board.*
  • Defended VISX Incorporated (NYSE: EYE) in its successful proxy fight against Carl Icahn.*
  • Represented Culligan Ltd. in connection with $900 million recapitalization.*
  • Represented Trinidad-based conglomerate in connection with numerous divestitures, including sale (via Jamaican tender offer) of 81.4% stake in rum company to beverage group for $540 million.*
  • Represented Russian coal and steel company in acquisition of a West Virginia coal company for $400 million in cash, up to $1.5 billion in preferred stock and assumption of $125 million of indebtedness.*
  • Represented UK-based communications company in connection with its GBP3.7 billion demerger (spin-off) into two LSE-listed groups.*
  • Represented multinational technology corporation in connection with $3.4 billion tender offer for software company.*
  • Represented telecommunications company in connection with $8.8 billion acquisition of competitor.*
  • Represented financial services company in formation of 50/50 joint venture establishing a U.S. fixed income derivatives clearinghouse.*
  • Represented infrastructure fund in connection with purchase of equity in three wind farms.*
  • Represented Dutch pension manager in acquisition of a 37.75% stake of Mexican wind farm.*
  • Represented global asset management company in a number of transactions, including $2.1 billion going-private merger.*
  • Represented private equity firm in connection with $259 million leveraged buyout of four television stations effected through stock and asset purchases.*
  • Represented Middle Eastern sovereign wealth fund in acquisition of a minority stake (valued at approximately $2.4 billion) in a major U.S. financial institution.*
  • Represented private equity firm in sale of a minority stake of itself to a prominent Middle Eastern sovereign wealth fund.*
  • Represented private equity firm in a number of PIPEs deals and other minority investments in public companies or public company subsidiaries.*
  • Represented commercial real estate brokerage company and its affiliates in the sale of its investment fund for a purchase price of $515 million.*
  • Represented paper company in numerous transactions connected to strategic transformation plan, including auction-style asset sale of more than six million acres of timberland across 17 states for aggregate proceeds of $6.6 billion and divestiture of its wood products division in a series of asset sales to separate buyers for aggregate proceeds of $560 million.*
  • Represented energy company in attempted public auction of 2,900 megawatts of six power generation facilities in sales to five buyers for approximately $1.5 billion.*
  • Represented automotive pension plan in PIPEs transaction to acquire convertible preferred stock.*
  • Represented special committee of software firm in $1.3 billion merger.*
  • Represented motion picture equipment company in connection with joint venture to establish digital laboratory services company.*
  • Represented aerospace company in connection with the repatriation of the cash proceeds received by its subsidiaries from the sale of a division and restructuring in contemplation of a potential sale or spin-off.*
  • Represented financial services company in its offering of two classes of convertible preferred stock.*
* - handled by Nicole prior to joining Foley Hoag.