James Kaplan, counsel in the private equity group, manages the firm's confidentiality agreement review team. He leads a group of more than 50 attorneys who review, evaluate and negotiate confidentiality agreements on behalf of the firm's clients. James has personally reviewed thousands of agreements throughout his legal career. Last year, his team reviewed and negotiated over 3000 of these agreements on behalf of the firm. Beyond confidentiality agreements, James regularly reviews other documents such as engagement letters, consulting agreements and non-reliance letters. He additionally serves as a liaison between clients and all other invested parties in confidentiality agreement negotiation processes for transactions including acquisitions and divestitures. He has also negotiated transactions for the distressed debt team, including distressed loan purchases and sales transactions.
- Managed confidentiality agreement negotiation process for a biotechnology company divesting a business unit, involving negotiation of agreements with more than 70 bidders.
- Managed numerous confidentiality agreement negotiation processes for private equity sponsor clients seeking purchasers for portfolio companies, involving negotiation of agreements with dozens of bidders in each instance.
- Negotiated confidentiality agreements and access letters on behalf of a private equity client investing in acquisition of public company.
- Negotiated engagement letter between a private equity sponsor and an investment banker regarding the sale of a portfolio company.
- Negotiated distressed bank loan trade on behalf of an investment management client.
- Negotiated thousands of confidentiality agreements on behalf of clients reviewing potential transactions.
- Negotiated engagement letters and consulting agreements with banks and professional advisers.
- Negotiated hundreds of distressed loan purchase and sale transactions.