Ann-Marie McGaughey is co-head of the Firm's Mergers & Acquisitions group and Hiring Partner for the Atlanta office. She focuses on the general corporate representation of both publicly and privately-held companies in a wide array of industries, including energy, financial services, manufacturing, health care, retail, automotive, travel, education, health and beauty, technology and service-oriented industries. She has particular skill in representing non-U.S. based companies in connection with U.S. transactions and operations, specifically with North American trans-border transactions, as well as deep experience representing family-owned businesses.
Ms. McGaughey has significant experience in mergers, acquisitions, divestitures, joint ventures and strategic alliances, commercial lending transactions, and general contract negotiations. Furthermore, she often serves as lead outside counsel, managing the provision of all legal services required to meet a client’s needs.
Ms. McGaughey also advises clients with respect to analysis under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended, and the pre-merger notification filings with the Federal Trade Commission and Department of Justice.
Ms. McGaughey serves as the editor of the MLA Mergers & Acquisitions Quick Reference Guide.
Ms. McGaughey is ranked by Chambers USA as one of Georgia's leading Corporate/M&A lawyers. In addition, Ms. McGaughey is listed in The Best Lawyers in America for Mergers & Acquisitions Law and Corporate Law. Ms. McGaughey has been recognized by The Legal 500 for her M&A work for middle-market clients. Finance Monthly recognized Ms. McGaughey as one of the top 100 Leading Advisors in the area of Corporate Law — USA. She has been recognized by Atlanta magazine as a Georgia Super Lawyer and was selected by her peers as a member of Georgia Trend’s Legal Elite. The Atlanta Business Chronicle included her on their first “Up and Comers” list, which profiled 50 of Atlanta’s most promising young leaders. Atlanta Woman magazine featured Ms. McGaughey in its “Leaders in Law” series and she has been recognized by The White House Project as a “Leading Lady.”
Representation of Reznick Group, P.C., one of Atlanta’s largest accounting and consulting firms, in its merger with New Jersey-based J.H. Cohn LLP, resulting in the 11th largest accounting and consulting firm in the United States known as CohnReznick LLP.
Representation of Just Energy Group Inc. (TSX: JE)(NYSE: JE), which is one of North America’s leading independent natural gas and electricity retailers and providers of green energy, in connection with its acquisition of Hudson Energy Services, a New Jersey-based and privately-held electric and natural gas provider and Fulcrum Retail Holdings, a Texas-based and privately-held retail electricity provider.
Representation of Balfour Beatty Construction in its acquisition of Howard S. Wright, one of the oldest contractors on the West Coast with significant operations in Portland, Seattle, San Francisco and Phoenix. Balfour Beatty Construction is a U.S. division of Balfour Beatty plc, a UK-based international infrastructure group.
Representation of Toronto-based Herbal Magic, Inc., which operates a network of over 300 weight loss and nutrition centers throughout Canada, in connection with its acquisition of LA Weight Loss, a weight loss and nutrition business with centers located throughout the U.S.
Representation of the federal government of Canada in connection with:
- The court-supervised sale of Chrysler that resulted in an alliance with Italian car maker Fiat. As part of the transaction, the Canadian government (along with the government of Ontario) provided a $3.775 billion loan which enabled Canada to maintain its 20 percent production share in the North American market and protect nearly one million Canadian jobs. The government of Canada also acquired an equity investment in the new Chrysler.
- The court-supervised sale of a majority interest in General Motors (NYSE: GM) to the U.S. Department of Treasury, in which the Canadian government (along with the government of Ontario) provided a $9.5 billion loan to the new General Motors – an amount proportional to the $50 billion package provided by the U.S. government. The government of Canada also acquired an equity investment in the new General Motors.
Representation of U.S. Bancorp (NYSE: USB) subsidiaries in connection with numerous acquisitions and strategic alliances in the U.S., Canada and the U.K., including representation of CanadaConex in its acquisition of InternetSecure Inc., Canada's largest non-bank provider of Internet credit card processing of small to medium online merchants, and the negotiation of strategic agreements with GE Consumer Finance Canada related to credit card processing sponsorship.
Representation of The Home Depot (NYSE: HD) and its subsidiaries in connection with acquisitions related to its consumer and commercial services businesses.
Representation of Aaron’s, Inc. (NYSE: AAN), a leader in U.S. sales and lease ownership and specialty retailer, in its purchase of an 11.5% economic interest in Perfect Home Holdings Limited, a privately-held UK rent-to-own company.
Representation of BCD Travel B.V., a privately-owned Dutch company providing global corporate travel management services, in connection with its $475 million syndicated credit facility with ING Bank N.V., acting as Agent and ING Bank and Bank of America, acting as Issuing Banks. The senior credit facility involved the pledge of security located in the U.S., the UK, Canada, Belgium, the Netherlands and Germany.
Representation of UK and Netherlands-based Reed Elsevier (NYSE: RUK) and its subsidiaries in a variety of transactions across North America, including Canada and Mexico.
Representation of the UK division of Reed Elsevier Inc., Reed Business Information, which is the owner of London-based aerospace information and data company, Flightglobal, in its acquisition of Innovata, LLC, a Buford, Georgia-based leading provider of world schedules data for the airline and travel industry.
Representation of Delta Air Lines (NYSE: DAL) in connection with the formation of SkyTeam Cargo USA, a global cargo alliance among Delta, Air France and Korean Airlines, as well as the admission of Alitalia into the alliance. The alliance focuses on cargo being shipped from the U.S. to locations throughout the world.
- J.D., Mercer University School of Law, cum laude, 1993 (Managing Editor, Mercer Law Review; Brainard Currie Honor Society)
- B.A., Bowling Green State University, cum laude, 1989 (Phi Beta Kappa and Phi Kappa Phi Honor Societies)
- "Women counsel collaboration - How in-house and outside counsel can help advance each other's careers," Breaking Barriers: Promoting and Retaining Women in the Legal Profession, September 2014.
- "A valuable alternative to the purchase price adjustment: the locked box method," North American Regional Forum News, September 2014.
- "Help Me Help You: Best Practices for Facilitating Merger Reviews Before the U.S. and Canadian Antitrust Agencies," MLA Antitrust Advisory, April 11, 2014.
- "Purchase Price Adjustments: Buyers (and Sellers) Beware," Financier Worldwide, November 2012 (co-authored with Kristen Beystehner and Gregory Brow) .
- “FORUM: Structuring And Closing Successful Deals In 2012,” Financier Worldwide, June 2012.
- "Taking Advantage of the Weak US Dollar," Financier Worldwide, International & Acquisitions, 2008 (co-authored with Gary Marsh and Michael Cochran).
- "Delaware Supreme Court Limits Remedies Against Directors to Derivative Claims," Buying Trouble Advisory, July 10, 2007 (co-authored with Michael Cochran).
- "Trends in Middle-Market Private Company M&A/LBO Activity," Financier Worldwide, Leveraged Buyout Review, 2005 (co-authored with Michael Cochran).
Seminars and Presentations:
- "The current pulse of the credit markets – Lending and M&A," KPMG CFO Symposium, November 2014.
- "Boards 101: A Panel Discussion," Next OnBoard, August 2014.
- "Women Legal Forum 2014," Ark Group & Managing Partner’s East Coast, June 2014.
- "Skills is Not a Dirty Word: Identifying and Teaching Transactional Law Competencies," Transactional Law and Skills Conference, Emory University School of Law, June 2014.
- "The World Invests in Asia and Asia Invests in the World," International Bar Association, 2014.
- "Asian Investment in North America and North American Investment in Asia," International Bar Association, 2013.
- "Strategies for Expansion: Taking Your Family-Owned and Closely-Held Business to the Next Level," Family-Owned Business Event, November 2012.
- "Getting Deals Closed in the Current Market: A Focus on Execution," ACG Capital Connection, February 2010.
- "Women on Board Training," Georgia Association for Women Lawyers and the Atlanta Women's Foundation, February 2010.
- "Building Relationships and Credibility with Your Attorneys 201: What Do Attorneys Expect From Us Anyway?," Legal Marketing Association Future Leaders Roundtable, January 2010.
- "The GM and Chrysler Bankruptcies: Lessons Learned and Ramifications," Fourth Annual Buying Trouble Conference, October 2009.
- "Insights into Teaming, Subcontract and Joint Venture Agreements," Government Contracts Seminar, September 2009.
- "Merger Control - Dealing with EU Regulators," International Association of Young Lawyers Seminar, March 2009.
- "Professional Service Firms - Governing Documents and Potential Issues," CPA Law Forum, January 2009.