Gordon R. Caplan

Co-Chairman

New York
Willkie Farr & Gallagher LLP
787 Seventh Avenue
New York, NY 10019-6099
T 212 728 8266
F 212 728 9266
gcaplanwillkie.com

Gordon R. Caplan is Co-Chairman of the firm, a member of the firm's Executive Committee and a partner in the Private Equity Practice Group and Corporate & Financial Services Department. He focuses on private equity, leveraged buy-outs, mergers and acquisitions, recapitalizations, venture capital and technology related corporate matters. Gordon has extensive experience representing equity sponsors as well as public and private companies on a spectrum of corporate matters, such as private equity financings, public securities offerings, mergers and acquisitions, technology transfer agreements, joint ventures and licensing.

Chambers USA (2017) and Chambers Global (2017) rank Gordon among the leading individuals practicing in the area of Private Equity (Buyouts) in the United States. Additionally, Chambers USA (2014) ranks him as a leading practitioner in the area of Technology & Outsourcing in New York. In 2014, Gordon was named one of North America’s Top 50 M&A Lawyers by the Global M&A Network, and in December 2013, he was one of five attorneys nationwide to be profiled by Law360 as an MVP in the area of Private Equity. He has also been included in the Legal 500.

Gordon has been published on the subject of M&A, private equity, private equity regulation, corporate governance and high-technology transactions and has lectured on private equity and technology transactions at Columbia University Graduate School of Business, University of Pennsylvania Law School and Fordham Law School. He is currently the Chairman of the Board of Publicolor and is a member of Fordham Law School’s Planning Council and recipient of the 2016 Louis J. Lefkowitz Public Service Award from Fordham Law School.

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Highlights

Gordon R. Caplan is Co-Chairman of the firm, a member of the firm's Executive Committee and a partner in the Private Equity Practice Group and Corporate & Financial Services Department. He focuses on private equity, leveraged buy-outs, mergers and acquisitions, recapitalizations, venture capital and technology related corporate matters. Gordon has extensive experience representing equity sponsors as well as public and private companies on a spectrum of corporate matters, such as private equity financings, public securities offerings, mergers and acquisitions, technology transfer agreements, joint ventures and licensing.

Selected Significant Matters

  • Hudson’s Bay Company in a series of strategic transactions, including a $500 million equity investment by Rhône Capital, the $850 million sale of the Lord & Taylor Fifth Avenue building to WeWork Property Advisors, and a global strategic arrangement with WeWork
  • Leveraged buyout of Bullhorn from Vista Equity Partners
  • Rockefeller Financial Services in the formation of an independent financial services firm backed by Viking Global Investors
  • eVestment in its $705 million sale to Nasdaq
  • Frontline Education in its acquisition by Thoma Bravo
  • Melinta Therapeutics in its merger with Cempra Inc. (Nasdaq: CEMP)
  • Sale of Kinnser Software
  • Acquisition of Resolve Systems
  • SmartBear Software in its acquisition by Francisco Partners
  • Insight Venture Partners in its $165 million investment in Tricentis
  • Leveraged acquisition of Ministry Brands
  • Hudson’s Bay Company in its $400 million mortgage refinancing of the Lord & Taylor flagship property in New York City
  • Sale of LOGICnow to SolarWinds
  • Jagex Limited in its acquisition by Shanghai Hongtou Network Technology Co., Ltd.
  • Take-private of Diligent Software
  • Hudson’s Bay Company in its $250 million acquisition of Gilt
  • Hudson’s Bay Company in the sales of $533 million and $50 million of its equity in HBS Global Properties, HBC’s real estate joint venture with Simon Property Group
  • Insight Venture Partners in connection with a $200 million investment round in BlaBlaCar
  • Westport Fuel Systems (Nasdaq: WPRT) in its merger with Fuel Systems Solutions
  • Hudson’s Bay Company in its €2.82 billion cross-border acquisition of Galeria Kaufhof
  • Insight Venture Partners in formation of Fund IX totaling $4.75 billion
  • Sale of HealthcareSource to Francisco Partners
  • Hudson’s Bay Company in an agreement to form a joint venture with Simon Property Group valued at $1.8 billion
  • Leveraged acquisition of E2open
  • Concurrent agreements by Shutterstock, Inc. (Nasdaq: SSTK) to acquire Rex Features and PremiumBeat
  • Sale of Metalogix to Permira Funds
  • Sale of BeyondTrust to Veritas Capital
  • HealthEquity (Nasdaq: HQY) Initial Public Offering
  • Leveraged acquisition of FireMon, LLC
  • Sale of GFI Software’s TeamViewer to Permira
  • Leveraged acquisition of WorkForce Software
  • $250 million control investment in Campaign Monitor
  • Sale of ECi Software Solutions to The Carlyle Group
  • AirWatch investors Insight Venture Partners and Accel Partners in the $1.54 billion sale of AirWatch to VMware, Inc.
  • Hudson’s Bay in its $2.9 billion cross-border acquisition of Saks Incorporated.
  • Leveraged acquisition of Kaseya Software Ltd.
  • $1.15 billion sale of Pearl Therapeutics to AstraZeneca Plc.
  • Leveraged acquisition of Unitrends Software, Inc.
  • $6.9 billion consortium acquisition of BMC Software
  • Insight Venture Partners in the formation of Fund VIII totaling $2.57 billion
  • Sale of FSV Payment Systems to US Bank Corp.
  • Sale of Folhamatic Group of Brazil to Sage Plc
  • $2 billion leveraged take-private of Quest Software, Inc.
  • Leveraged acquisition of Drilling Info, Inc.
  • Counsel to selling shareholder in Google’s acquisition of DailyDeal GmbH
  • Sale of Realm Business Solutions, Inc. to Altus Group Limited of Canada
  • Best Buy’s sale of Speakeasy to Covad Communications
  • Rockefeller Financial Services, Inc. in connection with equity financing from Societe Generale
  • Warburg Pincus in connection with its investment in Integra Telecom Inc.
  • Berkley Capital in connection with the leveraged buyout of Pay‑O‑Matic, Inc.
  • Sale of Osteobiologics Inc. to Smith & Nephew, Inc.
  • Warburg Pincus in connection with the sale of UGS PLM to Siemens
  • Sale of Scriptlogic Software Inc. to Quest Software, Inc.
  • Leveraged buyout of GFI Software Limited
  • Warburg Pincus in connection with the leveraged buyout of the UGS PLM engineering software development division of EDS Corporation
  • Warburg Pincus in connection with the leveraged buyout of Infogenesis

Outsourcing and Technology Transfer Agreements

  • Best Buy Co., Inc. in the formation of a strategic MVNO relationship between its subsidiary Best Buy Connect, LLC and Clearwire Corporation to offer newly branded 4G mobile broadband service
  • BPO outsourcing arrangements for Embarq Corporation
  • CDMA EV-DO broadband wireless technology deployment arrangements between each of Lucent, Nortel, Motorola, Samsung and Sprint
  • BPO and procurement outsourcing arrangement between Accenture and Deutsche Bank
  • CDMA license and development arrangements between Reliance Infocom Limited of India and Qualcomm, Inc.
  • Turnkey Nationwide Network Backbone Supply and Buildout Arrangements between Reliance Infocom Limited of India and Nortel Networks
  • 3G Nationwide Network Enhancement Arrangements among Sprint Corporation and Sprint PCS as joint owners and each of Lucent Technologies, Inc., Motorola, Inc. and Nortel Networks Inc.
  • National Distribution and Joint Marketing Agreement between Sprint PCS and the Radio Shack Division of Tandy Corporation
  • Fibernet Telecom Group, Inc. in connection with multiple dark and lit fiber multi-year indefeasible rights of use

Venture Capital Fund Clients

Gordon’s experience representing multiple venture capital financings includes:

  • Insight Venture Partners
  • Warburg Pincus
  • Berkley Capital
  • Thomas McNerney & Partners
  • Pitango Ventures
  • Best Buy Ventures
  • US Trust Venture Capital
  • Runa Capital
  • Vatera Healthcare Partners