Ben Fackler | People | Arnold & Porter

Ben Fackler is an experienced, pragmatic corporate advisor who draws from his work in law, investment banking, principal investment, and business to help his clients successfully navigate complex situations and complete critical transactions. He focuses his practice on mergers and acquisitions, capital raising transactions, and matters affecting corporate strategy and governance. Ben has represented numerous public and private companies, including boards of directors, special committees, management, and founders, as well as investment firms, financial sponsors, venture investors, and family offices, in domestic and cross-border M&A, buyouts, corporate reorganizations, venture and later stage investments, and other transactions, totaling over US$250 billion in deal value. He also advises on matters involving shareholder activism, proxy contests, and contested situations. He regularly assists entrepreneurs and investors in growing new businesses and new technologies, and often serves as outside general counsel to his clients.

Focus Areas

Experience

Various companies on mergers & acquisitions, buyouts and restructurings, including

Rewrite Therapeutics Inc., a private biotechnology company focused on advancing novel DNA writing technologies, on its sale to Intellia Therapeutics Inc. (Nasdaq: NTLA)
Pfizer Inc. (NYSE: PFE) on its acquisition of the assets of Lucira Health Inc. through a Bankruptcy Code Section 363 transaction
Xoriant Technologies Inc., a digital product, software development and technology services firm, on its sale to affiliates of ChrysCapital, a leading private equity firm based out of India
HomeSnap Inc., a digital residential real estate solutions provider, on its sale to CoStar Group Inc. (Nasdaq: CSGP)
Mayne Pharma Group Limited (ASX: MYN), a specialty pharmaceutical company focused on commercializing novel and generic pharmaceuticals, on its exclusive license and acquisition of pharmaceutical assets from TherapeuticsMD Inc. (Nasdaq: TXMD)

Robertson Stephens Wealth Management LLC, on various acquisitions of investment advisory businesses
Founders of Alter Eco Americas PBC, a leading sustainability-focused chocolate-centric food company, on the sale of the company to NextWorld Evergreen, a private equity firm focused in the consumer and retail industry
Founder and controlling shareholder of BlueOrange Games, a leading designer and manufacturer of tabletop games, on sale of the company
First Beverage Group, an advisor and investor in innovative and transformational beverage brands, in the merger of its investment banking business with investment banking firm Cascadia Capital
Founders and controlling stockholders of Revel Systems Inc., a point of sale and business solutions provider, on the recapitalization of the company by Welsh, Carson, Anderson & Stowe
Solage Resorts, a contemporary California wine country resort, on its sale to Flynn Properties and Auberge Resorts Collection
InBev (Euronext: INB), the Belgian-Brazilian brewer, on its acquisition of Anheuser-Busch Companies Inc., the leading American brewer
Anheuser-Busch InBev (NYSE: ABI)(NYSE: BUD) on its sale of the Busch Gardens entertainment business to Blackstone Capital Partners and the sale of selected beverage can manufacturing assets to Ball Corporation (NYSE: BLL)
Anheuser-Busch InBev (NYSE: ABI)(NYSE: BUD) on its sale of selected beverage can manufacturing assets to Ball Corporation (NYSE: BLL)
Lazard Ltd (NYSE: LAZ) in various transactions, including the buyout of the founding families and capital raising transactions including the initial public offering of the firm
FGX International Holdings Limited (NYSE: FGX), the North American market leader in design and sale of non-prescription reading glasses, on its sale to Essilor International
International Paper Inc. (NYSE: IP), a global per and packaging company, on its acquisition of the containerboard, packaging and recycling business of Weyerhaeuser
Penn National Gaming Inc. (Nasdaq: PENN), in its sale to, later restructured as an investment by, Centerbridge Partners and Fortress Investment Group
Bruno’s Supermarkets Inc. on its sale to Koninklijke Ahold N.V. (now Koninklijke Ahold Delhaize N.V. (Euronext: AD))
Brown-Forman Corporation (NYSE: BF.B), on its acquisition of Casa Herradura and Charles Jacquin et Cie., maker of Chambord liqueur.
Stewart & Stephens Services Inc. (NYSE: SVC) on its acquisition by Armor Holdings Inc. (NYSE: AH)
Chiron Corporation (Nasdaq: CHIR) on its sale to Novartis AG (NYSE: NVS)
Lava Trading Inc., a financial technology company, on its sale to Citigroup Inc. (NYSE: C)
Gerard, Klauer, Mattison, a boutique investment bank, on its sale to BMO Financial Group
U.S. Bancorp (NYSE: USB) on the initial public offering and spinoff of investment banking firm Piper Jaffray Companies (now Piper Sandler Companies (NYSE: PIPR))
FMC Corp. (NYSE: FMC) on the initial public offering and spin-off of FMC Technologies Inc. (now TechnipFMC (NYSE: FTI))
Mirage Resorts Inc. on its sale to MGM Resorts International
Apollo, on its acquisition, jointly with TPG Capital, of Harrah’s Entertainment Inc.

Various emerging growth companies, venture investors and founders with respect to venture financings and general corporate matters, including

Simpl Inc., a Bangalore-based cardless payment network with embedded 1-tap checkout, buy now pay later and buyer protection, in financing and general corporate matters
A stealth semiconductor design firm on its formation, acquisition of key intellectual property from a publicly traded semiconductor company and financing
Founder and board member of MalwareBytes Inc., a global leader in real-time cyber protection, in an investment and recapitalization led by Vector Capital, a leading private equity firm specializing in transformational investments in established technology businesses
Danger Devices Inc., a company focused on accelerating design iteration time for the semiconductor industry, on its formation and financing
An ultra high net worth family office on its lead investing in seed and venture rounds in technology companies focused on crypto, blockchain and artificial intelligence strategies
An ultra high net worth family office on it lead investments in venture rounds in the semiconductor industry
A venture fund on its portfolio investments
A stealth real estate finance technology company on formation and related matters
A stealth CRISPR development company on strategic matters

Various companies on general corporate and securities and corporate governance representation, including

HF Foods Group Inc. (Nasdaq: HFFG) on defense and governance matters
Asia Pacific Wire & Cable Ltd. (Nasdaq: APWC) on general corporate and securities matters
Various investment managers on public and private contested investment situations
BKF Capital Group Inc. on activist defense matters
Quanta Services Inc. (NYSE: PWR) on activist defense matters