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Katten

575 MADISON AVENUE, NEW YORK, NY 10022-2585, USA
Tel:
Work +1 212 940 8800
Fax:
Fax +1 212 940 8776
Email:
Web:
Katten.com

Evan Borenstein

Tel:
Work +1.212.940.8600
Email:
Web:
www.kattenlaw.com/evan-borenstein
Katten

Work Department

Corporate

Position

Evan Borenstein provides insightful counsel to both public company and private clients on a wide range of corporate and finance transactions, including mergers and acquisitions, corporate reorganizations and restructurings (including out-of-court restructurings and Chapter 11 bankruptcy proceedings), credit facilities and term loan financings, secured and structured financings, asset securitizations, and private equity and venture capital transactions. He also advises companies and investors on general corporate matters.

Evan regularly represents clients in the technology, transportation, energy, real estate and industrial sectors. He is well-versed  when it comes to cross-border transactions and works with clients and their counterparties in various international jurisdictions.

Education

JD, Benjamin Cardozo School of Law,1998; BA, Yeshiva University,1995


United States: Finance

Restructuring (including bankruptcy): corporate

Within: Restructuring (including bankruptcy): corporate

Katten is experienced in representing financial institutions and lender groups in restructuring and bankruptcy-related financings, including DIP financing. The firm is also known for its work with indenture trustees relating to credit default administration and subsequent litigation, as well as for acquiring and selling assets of companies in distress. Chicago-based John Sieger leads a national practice with offices in Illinois, California and New York. The New York office was recently boosted by the arrival of a team from Curtis, Mallet-Prevost, Colt & Mosle LLP, including the 'exceedingly sophisticated' Steven Reisman (now head of insolvency and restructuring in New York), Theresa Foudy, Cindi Giglio, Shaya Rochester and corporate specialist Evan Borenstein. Also notable in the 'strong team' is Craig Barbarosh, who splits his time between Orange County and New York, and was lead counsel to Wilmington Trust, the indenture trustee with respect to $200m of notes issued by Canadian company Nortel Networks; the complex, cross-border matter relates to an allocation dispute involving more than $7bn of the company’s sale proceeds that was litigated in joint trial proceedings in the US Bankruptcy Court for the District of Delaware and the Ontario Superior Court of Justice. In another highlight, the team is representing a joint venture comprising Gordon Brothers Retail Partners and Hilco Merchant Resources in the Chapter 11 of retailers Brookstone Holdings and Samuels Jewelers pending in the Bankruptcy Court for the District of Delaware; the team successfully resolved the various objections filed against store closing sales, as well as litigating the application of Section 327 of the Bankruptcy Code to the joint venture.

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United States: M&A/corporate and commercial

M&A: middle-market (sub-$500m)

Within: M&A: middle-market (sub-$500m)

Katten's 'team is very hands-on; it takes the time to understand clients' business and works with them to find the right work product for their needs'. The practice has particular sector knowledge in healthcare, pharmaceuticals and life sciences, sports, financial services, investment funds, education, manufacturing, parking and transportation, publishing and media, and technology. The team regularly advises on LBOs, management buyouts, going-private transactions, proxy contests, spin-offs, tender offers and restructurings; it fields attorneys with experience in all aspects of takeovers, both friendly and hostile, including designing and implementing defensive controls. Significant clients include Chicago-based private equity fund Ellipse Capital, septic services company Wind River Environmental, and Sterling Partners, a diversified investment management platform. Recent work saw the team advise Ellipse Capital on the sale of its portfolio company Monroe Engineering to ShoreView Capital, a Minneapolis-based private equity fund. It also acted for Wind River Environmental on several matters, including the acquisition of Certified Environmental Services, an environmental testing service; assisted Harmony Biosciences, a biopharmaceutical company, with its acquisition of the exclusive right to develop, register and market the narcolepsy treatment drug pitolisant in the US; and advised Versatex Holdings (Versatex), a portfolio company of Highlander Partners and manufacturer of branded trip, sheet and mouldings, on the sale of Versatex to The AZEK Company. New York's Evan Borenstein is 'a terrific resource and a trusted partner, who consistently provides high-quality, practical advice and gets quickly to the heart of the matter'; and Mark Grossmann, who focuses on advising private equity funds, as well as institutional and entrepreneurial corporate clients, is global corporate practice head and divides his time between Chicago and New York. Other notable advisers are Chicago-based entrepreneurial ventures practice head Matthew Brown, Jeffrey Patt and Kimberly Smith; Charlotte's Russell Black; Washington DC-based Mara Glaser McCahan; and New York's Farzad Damania.

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