Ben Barkley advises public and private clients in a broad range of corporate finance transactions and securities regulatory matters, including mergers and acquisitions; public offerings and private placements of debt and equity securities; venture capital and private equity investments; compliance with securities disclosure obligations; corporate governance; corporate restructurings; recapitalizations and distressed situations; joint ventures and strategic alliances; and special committee, board and independent director counsel. Mr. Barkley has broad experience structuring and executing mergers and acquisitions and other control transactions, including extensive experience representing strategic buyers in consolidating industries, leading serial acquisition programs including from 10 to 120 acquisitions. He has handled public and private issuances of debt securities in transactions ranging in size from $20 million to $1.35 billion, including Rule 144A offerings, high yield 144A-for-life bond offerings, investment grade public debt offerings, institutional private placements, and Exxon Capital debt exchange offerings. He also has extensive experience with equity offerings ranging in size from $10 million to more than $1 billion, including initial public offerings, secondary offerings, at-the-market continuous offerings, and PIPES transactions. Mr. Barkley has been listed in The Best Lawyers in America® for Corporate, Mergers & Acquisitions and Securities law in 2012 and each of the three years immediately preceding. He was listed in the 2009, 2010 and 2011 editions of Chambers USA: America's Leading Lawyers for Business as a leading lawyer for Corporate/Mergers & Acquisitions and in the 2009 and 2011 editions of Legal 500 US for Mergers & Acquisitions. He was also named as a top "Dealmaker" of 2008 by the Atlanta Business Chronicle. Mr. Barkley was recognized by the Atlanta Business Chronicle in 2004 for being one of Atlanta's "Up and Comers - Under 40 and Rising," and has been recognized as a 2009 Georgia "Super Lawyer" for Corporate Law, Mergers & Acquisitions, and Securities Law by SuperLawyers magazine, and most recently in 2011 for Mergers & Acquisitions. He previously served as Deputy Managing Partner of the firm, and as Chairman of the Corporate Department. He is AV® rated by Martindale-Hubbell. Professional & Community Activities Camp Sunshine, Inc., Pro Bono General Counsel Leadership Atlanta (Class of 2003) Empty Stocking Fund, Chairman, Board of Directors Georgia Transplant Foundation, Board of Directors The Georgia Trust for Historic Preservation, Board of Trustees University of Georgia, Terry College of Business, Alumni Board Paideia School, Board of Trustees University of Georgia, Dean Rusk Center for International, Comparative and Graduate Legal Studies, Board of Advisors Industries Technology & Software; Transportation; Consumer Products & Retail; Telecommunications Experience Secondary public stock offerings for Aaron's Inc., Served as counsel to Aaron's Inc., a leading specialty retailer, in four secondary public offerings of securities in 1994, 1998, 2002 and 2006 totaling more than $240 million. Merger of Interland, Inc., Represented Interland, Inc., a web hosting company, in its $100 million merger with Micron Computer Corporation. Merger of Pro Brand International Inc., Represented Pro Brand International, Inc., in its merger with special purpose acquisition company Granahan McCourt Acquisition Corp. (AMEX: GHN). Pro Brand is a leading designer and developer of advanced antenna and RF systems for the satellite industry, primarily serving Direct Broadcast Satellite operators such as DIRECTV. Acquisition program of Oldcastle Inc., Represented Oldcastle Inc., an international architectural and construction products company, in its acquisition program. Sale of Fortegra Corporation, Represented Fortegra Corporation, an insurance services company, in its sale to Summit Partners LP for approximately $110 million. Initial public offering for Interland Inc, Served as issuer's counsel for Interland Inc., a web hosting company, in its $60 million initial public offering. Institutional private placements of $110 million of notes for Aaron's Inc., Represented Aaron's, Inc., a leading specialty retailer, in the institutional private placements of $110 million of senior notes. Public debt and equity offering for Interface, Inc., Represented Interface, Inc., the world's largest carpet tile manufacturer, in a $150 million public debt offering and a $61 million public equity offering. Acquisition program for Miller Industries, Represented Miller Industries, Inc., the largest manufacturer of tow trucks in the world, in its vertical integration strategy involving the acquisition of more than 120 companies within its industry in more than 75 markets. Public offering for Superior Essex Inc., Represented Superior Essex Inc. in an $86 million secondary public offering of common stock. Acquisition program for United Capital Financial Partners Inc., Represented United Capital Financial Partners, Inc., a financial services industry consolidator, in acquisitions of more than 35 companies. "At-the-market" public offering of common stock for Delta Air Lines, Represented Delta Air Lines in connection with its $196 million registered "at-the-market" offering of common stock. Financing advice for a leading U.S. operator of jewelry stores, Represented a leading U.S. operator of jewelry stores in the investigation of refinancing alternatives, including loans from control shareholders. Private equity financings for United Capital Financial Partners Inc., Represented United Capital Financial Partners, Inc., a financial services industry consolidator, in separate $20 million and $16 million investments by private equity funds. Acquisition of hotel franchise system for an international hotel company, Represented an international hotel company in the acquisition of hotel franchise system. Private equity investment for Peachtree Equity Partners, Represented Peachtree Equity Partners, a private equity fund, in diagnostic imaging center investment. Private auction and sale of Cypress Communications, Inc., Represented Cypress Communications, Inc., a publicly held telecommunications company, and its board in connection with the private auction and ultimate sale of the company. Merger of EyeWonder Inc., Represented EyeWonder, Inc. in its $110 million merger in 2010 with Limelight Networks, a publicly traded content delivery network provider. Acquisition advice for Friedman's Inc., Represented Friedman's, Inc., a leading U.S. operator of jewelry stores and portfolio company of Harbinger Capital Partners, with sale of assets through distressed 363 sales. *Experience gained by attorney prior to joining Kilpatrick Townsend Publications 01 March 2011, Purchase Price Considerations and Earnouts in Acquisition Agreements, Articles 10 December 2009, SEC Approves Revised NYSE Corporate Governance Requirements, Legal Alerts 28 October 2009, FASB's Recent Codification of Accounting Standards to Affect Upcoming SEC Filings, Legal Alerts 08 October 2009, SEC Sets Deadline for Smaller Reporting Companies to Provide SOX Independent Auditor Assessment of Internal Control Over Financial Reporting, Legal Alerts 28 February 2008, Easing the Burden on Smaller Companies
Source: Business to Business Magazine, Articles 31 January 2006, Recent Developments for Annual Reports on Form 10-K; Proposals for Proxy Statement Disclosures, Legal Alerts 24 January 2006, SEC to Propose Major Changes in Executive Compensation Disclosure, Legal Alerts 18 January 2006, SEC Clarifies When It Will Seek Civil Penalties Against Public Companies for Securities Law Violations, Legal Alerts 20 December 2005, SEC Relieves Some Pressures on Periodic Reporting; Extends Some Deadlines; Redefines Accelerated Filer, Legal Alerts News 06 September 2011, Kilpatrick Townsend Earns Record-Breaking Recognition in Annual Best Lawyers in America 2012, News Releases 15 June 2011, Kilpatrick Townsend Recognized by Prestigious 2011 Legal 500 US, News Releases 13 June 2011, Kilpatrick Townsend Again Earns Highest Recognition From CHAMBERS USA 2011, News Releases 06 May 2011, Kilpatrick Townsend's Ben Barkley Elected Board Chair and James Stevens Elected Board Member of the Empty Stocking Fund, News Releases 02 March 2011, Kilpatrick Townsend Once Again Achieves Top Recognition in 2011 Georgia Super Lawyers, News Releases 09 February 2011, Kilpatrick Townsend Plays Key Role in Delta Deal, In the News 24 September 2010, Kilpatrick Stockton's Freedom Writers Program Wins Prestigious Recognition, News Releases 12 August 2010, Kilpatrick Stockton Earns Record-Breaking Recognition in Annual Best Lawyers in America 2011, News Releases 01 July 2010, Kilpatrick closes middle-market Delta deal, In the News 28 June 2010, Kilpatrick Stockton's Ben Barkley Elected to the Georgia Trust for Historic Preservation's Board of Trustees, News Releases 14 June 2010, Kilpatrick Stockton Again Earns Highest Recognition From CHAMBERS USA 2010, News Releases 31 December 2009, Kilpatrick lawyers seal acquisition, In the News 31 December 2009, $688.7M Delta deal would use jets as collateral, In the News 04 August 2009, Kilpatrick Stockton Earns Record-Breaking Recognition in Annual Best Lawyers in America 2010, News Releases 15 July 2009, Kilpatrick Stockton Recognized by Prestigious 2009 Legal 500 US, News Releases 15 June 2009, Kilpatrick Stockton Once Again Earns Highest Recognition From Chambers USA, News Releases 02 March 2009, Kilpatrick Stockton Ranked Number One in Five Georgia Super Lawyer Categories, News Releases Events 08 December 2011, Dodd Frank Update, Events 30 November 2008, Roles, Responsibilities and Expectations of Directors, Events |