Bert Adams focuses his practice in the areas of corporate law and mergers and acquisitions, with a growing focus on transactions in the financial services and energy industries. He has significant experience in mergers and acquisitions involving insurance companies and mutual fund complexes. He also regularly represents clients both in mergers and acquisitions involving energy assets and in commercial transactions involving crude oil and refined products.

REPRESENTATIVE EXPERIENCE

Financial Services

Bert has served as counsel in the following recent acquisitions:

• 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.
• 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 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:

• Acquisition/disposition 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.
• Contract documentation of spot and long-term crude and refined products supply agreements.
• 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 Leveraged Buyouts and Private Equity Law, and Mergers & Acquisitions Law (2008)

PROFESSIONAL AND COMMUNITY INVOLVEMENT 

• Member, International Energy Credit Association (IECA)
• Member, Life Insurance Council of New York (LICONY)
• Member, American Bar Association 
• Member, New York City Bar Associationn
• Graduate, Leadership Atlanta (Class of 2006)

RECENT PUBLICATIONS AND SPEAKING ENGAGEMENTS

• Author, “M&A Report,” Restaurant Finance Monitor (June 2008)
• 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)