Milbank > Washington DC, United States > Firm Profile

Milbank
1850 K STREET, NW
SUITE 1100
WASHINGTON DC 20006
United States

Finance > Commercial lending Tier 1

Milbank has a strong record in advising on market-leading leveraged finance transaction; the firm is frequently instructed by leading investment banks and direct lenders to assist with leveraged buyouts, tender offers and go-private transactions as well as recapitalizations, bridge and mezzanine financings. Every member of the team operates from New York, where Marcus Dougherty leads the US team, in addition to co-leading the global team; in addition to working with banks, Dougherty often works on recurring lender counsel designations for premier private equity firms. Other key names include up-and-coming partner Charles Stern, who recently led a team alongside Dougherty which represented RBC in connection with $1.325bn worth of financing facilities for the acquisition of LegalShield. Former practice head Marc Hanrahan retired from the firm in 2021, while Spencer Pepper was promoted to partner, Kamal Nesfield joined from Latham & Watkins LLP in December 2021 and Benjamin Miles transferred from elsewhere in the firm.

Practice head(s):

Marcus Dougherty

Other key lawyers:

Lauren Hanrahan; Eric Reimer; Charles Stern; Benjamin Sayagh; Spencer Pepper; Benjamin Miles; Kamal Nesfield

Key clients

Goldman Sachs & Co.

Credit Suisse

Royal Bank of Canada

Jefferies & Company

Oaktree Capital Management

GSO Capital Partners

Morgan Stanley

Antares Capital

Oak Hill Advisors

HSBC

Work highlights

  • Advised the arrangers led by Bank of America in raising $8.7bn of senior secured credit to finance the $32bn acquisition of Medline Industries LP by Blackstone Inc., The Carlyle Group, Inc. and Hellman & Friedman LLC.
  • Advised RBC on a a first lien revolving facility, a first lien term loan, and a second lien term loan for LegalShield.
  • Advised an investment company on financing in connection with the take-private acquisition of McAfee Corp.

Finance > Project finance

Milbank enjoys a well-established reputation as a global leader in project finance, and continues to maintain to top-tier US offering, advising both lenders and sponsors. The firm handles, inter alia, green bond offerings, tax equity financing and M&A, and is active across the oil & gas, renewables and LNG spaces, often acting on innovative and ground-breaking projects relating to carbon capture and offshore wind. As regards infrastructure, the team’s strength in international projects is bolstered by collaboration with its Sau Paulo and Seoul offices. Daniel Bartfeld leads the global team and has niches in multi-sourced financings and Latin America projects. Other names to note include power generation specialist William Bice, junior partner Jeffrey Leider and Daniel Michalchuk, who handles major power projects in California. Richard Hillman was promoted to partner in 2022. Jonathan Green retired in December 2021, All mentioned partners operate from New York unless otherwise stated, though the team also has notable practitioners in Los Angeles. Washington DC-based senior associate Talia Lake is developing a reputation as an expert in rail projects, and joined from Ashurst LLP in May 2022.

Practice head(s):

Daniel Bartfeld

Other key lawyers:

Finance > Restructuring (including bankruptcy): corporate Tier 1

Industry focus > Energy: renewable/alternative power Tier 1

Singled out for its market-leading reputation in the project financing space in the United States and abroad, Milbank combines overarching finance and M&A expertise with comprehensive energy sector market knowledge. In addition to the team’s unrivalled financing capabilities which has seen it lead on first-of-their-kind financings in the alternative power sector, practitioners are also seasoned in power generation, energy restructurings, and greenfield development mandates across all renewable segments. The group, which is also adept at handling the acquisition and disposition of renewable energy projects and other assets, offers representation to new developers, some of the largest sponsors in the industry, and debt and equity investors in major renewable energy transactions, including tax incentives available for renewable energy development. Based in New York, practice head Daniel Bartfeld stands out for his wealth of experience in multi-sourced financings, project development and M&A activities in Latin America. In the same office, William Bice maintains a broad practice acting for developers, lenders, asset owners and private equity funds. Other names to note in New York include Roland Estevez and Jaime Ramirez, both of whom are skilled in financing deals and cross-border matters involving Latin America. On the West Coast, Mike Duff has in-depth knowledge of joint ventures and partnership structures used to develop, acquire and operate a variety of renewable energy assets, while Timothy Wendling is noted for his project development and finance experience involving wind, solar and geothermal electricity generation projects.

Practice head(s):

Daniel Bartfeld

Other key lawyers:

William Bice; Mike Duff; Roland Estevez; Jeffrey Leider; Allan Marks; Dan Michalchuk; Jaime Ramirez; Henry Scott; Timothy Wendling; Alexander Borisoff

Finance > Capital markets: global offerings

Milbank is best known for global offerings originating from Latin America, this includes debt and equity offerings with notable growth in emerging areas such as sustainability-linked and green bond deals. The team is rated for issuer and underwriter engagements, and has a reputation for headline deals, including SEC-registered transactions. Marcelo Mottesi is global head of capital markets and co-head of the Latin America team, which includes Carlos Albarracin, another capital markets specialist. Both are supported by senior capital markets experts in Sao Paulo.

Practice head(s):

Marcelo Mottesi; Tobias Stirnberg

Other key lawyers:

Key clients

Avianca

Banco Continental S.A.E.C.A.

BofA Merrill Lynch

Compañía de Minas Buenaventura S.A.A.

Citigroup

FS Agrisolutions Indústria de Biocombustíveis Ltda. (FS Bioenergia)

Goldman Sachs

Inversiones y Rentas S.A. (“IRSA”), controlling shareholder of Compañía Cervecerías Unidas S.A. (“CCU”)

J.P. Morgan

Morgan Stanley

Work highlights

    Industry focus > Energy transactions: electric power Tier 2

    Known for its cross-border project finance and development expertise, Milbank advises key players -including debt and equity investors, private sponsors and government lenders- on conventional power projects domestically and internationally. Practice head Daniel Bartfeld has particular expertise in multi-sourced financings, as well as representing international investors in development and M&A in Latin America. His team includes William Bice, who focuses on the development, financing, acquisition, disposition and restructuring of power generation and transmission projects, as well as being active in other energy and infrastructure projects; and Richard Hillman, whose experience covers advising lenders, sponsors and other project participants on US and international project and structured finance transactions. All named individuals are based in New York.

    Practice head(s):

    Daniel Bartfeld

    Other key lawyers:

    Industry focus > Transport: aviation and air travel - finance Tier 2

    Media, technology and telecoms > Telecoms and broadcast: transactions Tier 2

    Dispute resolution > General commercial disputes Tier 3

    Dispute resolution > Securities litigation: defense Tier 3

    Finance > Capital markets: debt offerings

    Milbank is particularly known for high-yield debt, though its wider commitment to capital markets brings a wealth of top engagements across the spectrum. It has excellent connections to underwriters, issuers and private equity sponsors. Much of its work centres on the energy, infrastructure and project sectors along with the gaming and aerospace industries. Moreover, the firm is especially active in offerings linked to acquisition financings and has made a further impression in green bonds and sustainability-linked bonds; it advised the underwriters on the $1bn green bond offering by Verizon. It also has an excellent record in US offerings by Latin America issuers. Marcelo Mottesi is chair of the global capital markets group and Rod Miller is the practice group leader in New York. Paul DenaroBrett Nadritch and Antonio Diaz-Albertini are also key figures. Jonathan Jackson is becoming an integral member of the team, having been made partner in 2020. All named individuals are based in New York.

    Practice head(s):

    Marcelo Mottesi; Rod Miller

    Finance > Capital markets: high-yield debt offerings

    Milbank‘s prestigious reputation in the capital markets field brings it a wealth of high-level engagements from financial institutions, public companies and private equity houses. Many of its high-yield debt deals are related to cross-border acquisition financings; the firm has an exceptional standing in leveraged finance. Energy, infrastructure, projects, gaming and aerospace are amongst its most active sectors. It also works on a significant volume of deals originating from Latin America. Marcelo Mottesi is global chair of the capital markets group and co-head of the Latin America team. Rod Miller heads the US securities department and is especially active in high-yield debt, as is Brett NadritchAntonio Diaz-Albertini joined from Schulte Roth & Zabel LLP in March 2021. All are based in New York.

    Practice head(s):

    Marcelo Mottesi; Rod Miller

    Key clients

    Bank of America Merrill Lynch

    Carlyle Aviation

    Castlelake Aviation

    Citigroup

    Credit Suisse

    Deutsche Bank

    Frontier Communications

    Goldman Sachs

    Guitar Center

    JP Morgan Securities LLC

    MGM Resorts International

    MGP Growth Properties

    United States Steel Corporation

    Voyager Aviation

    Work highlights

      Real estate > Real estate finance Tier 3

      Milbank is best known for its work in high-profile UCC foreclosures and distressed debt workouts involving CMBS and complex capital stacks. The practice is also active at the cutting edge of originating mezzanine debt that is subordinate to senior construction financing and, together with the project finance practice, is noted for its data center financing work. Gaming and hospitality sector real estate financing is another core area of expertise. Practice head Kevin O’Shea, Erwin Dweck and mortgages, mezzanine, and equity investments specialist Yaakov Sheinfeld are the key attorneys in New York.    

      Practice head(s):

      Kevin O’Shea

      Other key lawyers:

      Testimonials

      ‘Milbank’s real estate team is unique in their ability to creatively add value to our transactions and efficiently process work. I have not seen such a practical approach from other firms.’

      ‘Yaakov Sheinfeld is always the smartest and most articulate person in the room. He is unbelievably diligent. He has rare creativity and pragmatism. He’s been a true value-add to our business.’

      Key clients

      Monroe

      PIMCO

      HPS

      SLG / Green Loan Services

      Monarch

      MLN

      Cerberus

      Work highlights

      • Represented an affiliate of Monroe Capital Management Advisors, LLC in connection with the foreclosure of its loan secured by joint-venture equity interests owned by affiliates of H F Z Capital Group, in a portfolio of industrial, manufacturing and distribution facilities across the United States.
      • Represented HPS Investment Partners as lender in connection with a mortgage loan and a mezzanine loan to 850 Third Avenue LLC, an affiliate of Chetrit Organization LLC.
      • Represented a joint venture in the refinancing of a construction loan to an affiliate of The Hudson Companies for a luxury condominium building located at One Clinton Street in Brooklyn Heights.

      Tax > US taxes: non-contentious Tier 3

      Dispute resolution > Corporate investigations and white-collar criminal defense Tier 4

      Finance > Capital markets: equity offerings

      Milbank has historically been known primarily for its debt offerings expertise, but it has upped its emphasis on equity issuances and has made significant progress in its forte areas, notably the energy, infrastructure and project sectors along with the gaming and aerospace industries. The firm has also made an impression in the SPAC segment. It has an excellent record in US offerings by foreign issuers and frequently advises portfolio companies of private equity houses. Marcelo Mottesi is chair of the global capital markets group and co-chair of the Latin America team, often representing issuers and underwriters in headline deals originating from Latin America. Rod Miller leads the US securities group and has advised on a series of headline IPOs and other equity offerings over the years; he recently advised the underwriters on the $498m IPO by Atotech. Brett Nadritch and Paul Denaro are also key names, and Antonio Diaz-Albertini joined the team from Schulte Roth & Zabel LLP in March 2021.

      Practice head(s):

      Marcelo Mottesi; Rod Miller

      Key clients

      Citigroup

      Credit Suisse

      Goldman Sachs

      Hudson Executive Corp.

      PSP Investments

      Tiga Acquisition Corp.

      Turning Point Brands

      Work highlights

        Industry focus > Energy transactions: oil and gas Tier 4

        New York-based Daniel Bartfeld spearheads Milbank's oil-and-gas practice and is known for multi-sourced financings, as well as representing international investors on development and M&A activities in Latin America. Advising along the length of the oil-and-gas value chain in North America, the firm’s experience includes project development, financing, M&A, disputes, tax, and environmental and regulatory issues.

        Practice head(s):

        Daniel Bartfeld

        Work highlights

          Intellectual property > Patents: litigation (full coverage) Tier 4

          Widely known for its first-class capabilities in life sciences litigation, Milbank is particularly active at the intersection of pharma patent litigation and FDA and FTC issues, including in negotiating complex settlements in Hatch-Waxman cases. Pharmaceuticals, biotechnology, and medical devices companies turn to the practice led by David Gindler, a ‘formidable trial lawyer’ based in Los Angeles, who is also skilled at handling licensing disputes. Also operating from the West Coast are Gary Frischling, Lauren Drake and Yite John Lu, while the New York presence is covered by Christopher Gaspar and special counsel Nathaniel Browand. Errol Taylor retired from the firm on November 2020, and became a consulting partner. Technology, electronics and semiconductor sectors as other core focus areas of the team.

          Practice head(s):

          Testimonials

          ‘David Gindler, who leads Milbank’s IP litigation, is widely recognized by peers and clients as operating in the very top-tier of litigators and trial lawyers in the patent world. He is an exceptional legal writer and a formidable trial lawyer.’

          Very strong commitment to diversity.’

          I’ve really appreciated working with John Lu.’

          Key clients

          Tris Pharma, Inc.

          TMT Systems, Inc.

          Rosenberger Technology (Kunshan) Co. Ltd., Rosenberger Asia Pacific Electronic Co., Ltd., Rosenberger Site Solutions, LLC

          Skysong Innovations

          Ludwig Institute for Cancer Research

          Natera, Inc.

          Unicorn Energy GmbH

          Take-Two Interactive Software, Inc.

          Bayer Cropscience

          MRSI Systems, Inc.

          Auven Therapeutics

          Emeram Capital Partners

          Boards and More GmbH

          EB Research Partnership (EBRP)

          Fujitsu Network Communications, Inc.

          Genentech, Inc.

          Work highlights

          • Secured a victory on behalf of Tris Pharma in a lawsuit against Actavis on patents covering Tris’ Quillivant XR® product, the first liquid long-acting treatment for ADHD.
          • Represented Fujitsu Network Communications (FNC) in the defense of a patent infringement complaint by Capella Photonics, Inc. against FNC (E.D. Tex.).
          • Representing Genentech in a dispute with its competitor Novartis regarding approximately $210m in licensing payments.

          Labor and employment > Employee benefits, executive compensation and retirement plans: transactional Tier 4

          The New York-based team at Milbank is noted for its expertise in handling the executive compensation and employee benefits aspects of restructurings and bankruptcies, in addition to high-end M&A arising out of the technology, telecoms, healthcare and retail sectors. Manan Shah, who combines his ‘business savvy and legal acumen’ to advise on a range of executive compensation issues relating to corporate and financial transactions, jointly leads the practice alongside Joel Krasnow, who focuses on ERISA fiduciary compliance matters. Key clients include Veritas Capital, Frontier Communication and Orbcomm.

          Practice head(s):

          Manan Shah; Joel Krasnow

          Other key lawyers:

          Kelly Bartley

          Testimonials

          ‘Milbank, and particularly Manan Shah, provide proactive solutions that anticipate potential issues to enable the client to address those issues before they can become a problem. It’s as if Milbank is a part of the organisation, not just an outside advisor.’

          ‘Manan Shah is an exceptional attorney, but that is to be expected at a top-tier firm. Where Mike differentiates himself is his combined business savvy and legal acumen. Many employment law issues have practical implications for a company, from addressing difficult personalities to designing compensation programs that address legal requirements that also fit with significant company objectives. Mike doesn’t just provide legal advice, he crafts solutions that work in tandem with the client’s objectives.’

          ‘Unique intersection of skills, capabilities and experience that makes the pragmatic application of expertise invaluable. Cross section of executive compensation, human capital management and SEC disclosures.’

          Key clients

          Orbcomm

          Veritas Capital

          SEACOR Holdings

          U.S. Steel

          Frontier Communications

          Guitar Center

          Hudson Executive Investment Corp.

          Antitrust > Merger control Tier 5

          M&A/corporate and commercial > M&A: large deals ($1bn+) Tier 5

          Antitrust > Cartel

          Finance > Structured finance: securitization

          M&A/corporate and commercial > M&A: middle-market ($500m-999m)

          The firm: For over 150 years, Milbank has provided innovative legal solutions advising on the largest, complex, ‘first-ever’ corporate transactions and disputes. Milbank’s clients are prominent multinational financial, industrial and commercial enterprises, governments, institutions and individuals. Milbank is a global firm with offices in New York, Los Angeles and Washington, DC in the US

          Types of work undertaken
          Capital markets/securities: Representing sellers, purchasers and financial intermediaries in international debt/equity offerings, derivatives/synthetic products, public utility financings, financial institution financings, project financings in capital markets and domestic and foreign government financings, Milbank advises on some of the largest and most complex deals globally.

          Corporate/M&A/private equity: Milbank counsels clients on negotiated and hostile transactions in mergers and consolidations, stock/asset acquisitions and dispositions, strategic alliances, joint ventures, proxy contests/tender offers, leveraged/management buyouts, restructurings/bankruptcy reorganizations and corporate governance and executive compensation matters. The firm represents participants in private equity investing, structuring, negotiating, executing and financing private equity, ‘going-private’, recapitalizations and exit transactions. A key component of the firm’s M&A practice is its broad understanding of the corporate governance aspects of transactions. Milbank’s M&A corporate and litigation teams effectively counsel boards of directors in difficult and sensitive situations, with particular expertise providing defense advice to public companies.

          Executive compensation and benefits: Milbank advises on corporate transactions and financial restructurings, including advising the boards of directors and compensation committees on the design and implementation of compensation and change-in-control programs.

          Financial restructuring: Milbank is known for prominent corporate restructurings and groundbreaking chapter 11 cases. The firm is at the forefront of most of the largest, most complex corporate restructuring matters in the world, and this group’s representations have earned it numerous industry awards. The key to the firm’s long-standing success is its unique ability to advise companies, creditors’ committees, financial institutions, funds and trustees in domestic and cross-border restructurings while providing perspective from all aspects of a case.

          Gaming and hospitality: Milbank has represented the world’s most well-known names in gaming and hospitality, private equity, restructuring, bankruptcy, private/public financings, joint ventures and long-term management deals. The firm represents lenders, bondholders, opportunity funds, private equity funds, management companies, institutional investors and owners of hotel, resort and gaming properties.

          Global leveraged finance: Clients from around the world come to Milbank for advice on their most significant financing transactions. Advising financial institutions, companies and private equity clients on leveraged transactions, including senior, subordinated/mezzanine debt transactions, bridge financings and high yield bond offerings, Milbank has experience structuring complex debt instruments used in multi-jurisdictional transactions, including financings for cross-border acquisitions and multi-currency credit facilities.

          Latin America: Milbank has extensive experience in project financings, capital markets, privatizations, mergers and acquisitions, debt-for-equity conversions, corporate and public sector restructurings and banking and financial services across every industry and region in Latin America.

          Litigation and arbitration: Milbank’s litigators serve as lead counsel in some of the largest, most high-profile disputes in the world. The firm represents clients in multi-jurisdiction securities litigations, white-collar/regulatory investigations and complex disputes involving intellectual property, insurance, mergers and acquisitions, antitrust and commercial litigation. Cases involve federal securities laws, patent infringement, corporate control contests, accounting fraud and financial restructurings. Unrivalled in mutual fund class action and derivative litigation, the team has been involved in more 1940 Act cases than any other law firm in the US.

          Project, energy and infrastructure finance: Recognized by the market globally as a leading firm in the area of PEIF, Milbank represents leading players, such as debt and equity investors, private sponsors and government lenders, in the financing and development of the world’s most critical and pioneering infrastructure projects. In the past three years, the group has acted as legal advisor in hundreds of energy and infrastructure-related matters worldwide and raised billions of dollars of capital for a wide variety of transactions, including power (renewable and conventional), oil/gas, energy, transportation (roads, airports, subways, ports) and other infrastructure projects.

          Real estate: Milbank’s real estate group advises leading financial institutions, investment banks, private equity funds, hedge funds, pension funds, REITS and sovereign wealth funds. The group has extensive experience with complex deals including structuring, negotiating and closing all varieties of equity and debt transactions.

          Structured credit: Milbank represents both lenders and borrowers in debt financings involving distressed credits, asset-based loans secured by illiquid pools of collateral and loans to private investment funds secured by specified investments and/or capital commitments. Year after year, the firm is consistently recognized as the leading CLO manager counsel by prominent ranking publications.

          Structured finance and securitizations: Milbank advises on an array of non-traditional financial investments, products and strategies: specialty finance (including distressed and special situations investment), structured finance, derivatives/commodities, credit arbitrage, fund formation and institutional finance/private placements.

          Tax: Milbank’s tax lawyers are leaders in developing innovative financial products and arrangements for corporations raising and investing funds in the international capital markets and structures for mergers and acquisitions, joint ventures and both majority and minority equity investments.

          Technology and outsourcing: A leader in information technology and outsourcing transactions, Milbank has advised in more than 600 transactions in over 90 countries, with a combined deal value exceeding $150bn.

          Transportation and space: Milbank is a premier provider of legal services to the aviation industry worldwide, having innovated many of the structures and techniques that have become standard-bearers. Our lawyers frequently handle the largest and most innovative transactions in the field,  including acquisition and warehouse financings, secured portfolio financings, ABS, loyalty program financings, private placements, structured financings, AFIC financings and ECA financings, aviation mergers and acquisitions, IPOs, joint ventures, MBOs and aircraft portfolio acquisitions and disposals. The firm is a global leader in aviation capital markets transactions and has been involved in virtually every US and international EETC offering. The team also has significant experience in the restructuring of aircraft leases and financings in bankruptcy.

          Trusts, estates and exempt organizations: Milbank serves prominent individuals and institutions in estate planning, trust and estate administration and litigation, and charitable giving. This group advises institutional fiduciaries and exempt organizations.