Philip J. Flink
Philip J. Flink
Philip J. Flink
Phil Flink has a broad business practice representing both public and private companies and investors. His multi-disciplinary practice has encompassed companies across a wide range of industries such as medical devices, manufacturing (including high tech, heavy industry and consumer products), finance (including banks and fund managers), software, restaurants, energy, publishing, retail sales, security, and assisted living. Phil’s practice is as varied as his client base, spanning the scope of their business needs, including general corporation law, corporate governance, corporate finance, securities law, mergers and acquisitions, joint ventures, licensing, employment law and executive compensation, and general contractual matters. He has been involved in representing these clients through various stages of a company’s life cycle, including start-up, financings (including public and private debt and equity offerings and bank financings), initial public offerings, mergers and acquisitions, spin-offs, and both in and out-of-court restructurings.
- Lead US securities attorney, representing issuers in the US, Europe and Canada, in over 10 IPOs and multiple follow-on debt and equity offerings of up to $2.5 billion, covering a range of industries including medical device, software, semiconductor, telecommunications, security, heavy manufacturing, mining, packaging, retail, casino, assisted living and restaurants.
- Represented Hologic, Inc, a Nasdaq-listed developer / manufacturer of medical devices, in its venture capital financings, IPO, technology spin-offs, multiple follow-on offerings and acquisition of several companies, both public and private, including a $6.2 billion merger (cash and stock), a $650 million two-step tender offer acquisition, a $2.3 billion bank financing, a $1.75 billion convertible note offering, and a $450 million debt exchange.
- Represented American Railcar Industries, Inc., a railcar manufacturer controlled by Carl Icahn, in its $200 million IPO and a follow-on $275 million note offering.
- Represented a leading European information technology company in its Nasdaq IPO, in follow-on financings raising over $1 billion, in over 20 acquisitions totaling over $2 billion, and in numerous cross-border joint ventures and strategic alliances, including with AT&T, Intel and Microsoft.
- Advises boards of directors, special committees and corporate management of both publicly held and private companies on governance matters and fiduciary duty issues.
- Represents companies, committees, bondholders and other constituencies in bankruptcy and out-of-court restructuring transactions, advising on a range of corporate, contractual, merger and acquisition, and securities matters, including representation involving Comdisco, Exide, Global Crossing, Global Power Equipment Group, Haights Cross Communications, Hollywood Casino Shreveport, Lyondell, Quality Distribution, Inc,, Metaldyne, Mirant, Muzak, Philip Services, Six Flags, Thermadyne and Sirius XM Radio.
- Acted as US Securities Counsel for Agnico Eagle Mines Limited, a Canadian gold mining company dual-listed on the New York Stock Exchange and the Toronto Stock Exchange; represented this client in its $150 million tender offer for shares of a Finnish gold mining company listed on the Swedish Stock Exchange and in its $250 million follow-on public offering of common stock.
- US Tax Court