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Kate H. Withers

Associate, Corporate  

New York 212.430.2685

Overview

Kate H. Withers is a technology and M&A lawyer who advises clients of all sizes in connection with strategic corporate transactions, including mergers and acquisitions, technology-focused joint ventures, venture capital, private equity and complex licensing transactions. Kate works across industries and has extensive experience advising clients in the financial services, internet, software and media industries. Kate focuses her practice on corporate transactions involving innovative fintech companies (including payments, blockchain, and data analytics companies) as well as artificial intelligence, gaming, ecommerce, digital media and SaaS software companies. Kate has served as outside general counsel to a fintech company developing a mortgage technology platform and provides practical advice grounded in a deep understanding of, and passion for, data, software and technology businesses. In recent years her clients have included Facebook, Tencent, Bonobos, Aptiv, the National Geographic Society, Peloton, BBVA and Fortune 100 technology and consumer products companies. Each year since 2016, Kate has been named a Rising Star in M&A in the New York Metro area by Super Lawyers magazine.

Kate is a former statistical programmer and codes in a number of languages. Her interest in innovative technologies that touch data and software has its roots in her prior experience working as an entrepreneur in a data analytics company and as a statistical programmer and economist at Bank of America, the World Bank, the Brookings Institution and a health research institute at the Wharton School of Business. Prior to and while in law school, Kate carried out strategic analyses of consumer credit and financial data for strategic marketing and risk management executives at Bank of America. She has co-authored articles on smart contracts, as well as economics papers with Wharton professors that have been published by the Journal of Risk and Insurance and the National Bureau of Economic Research.

Representative Experience

M&A, Joint Ventures & Divestitures

  • Facebook in connection with multiple acquisitions, including its acquisition of Redkix, Vidpresso, Source3 and Bloomsbury AI.
  • Tencent Holdings in connection with its cross-border acquisition of a majority stake in Supercell Oy, a Finnish gaming company for over $8 billion (winner of 2017 M&A Atlas Award and China Law & Practice Award TMT Deal of the Year).
  • Aptiv (formerly Delphi Automotive PLC) in connection with its acquisition of nuTonomy, an automated driving company.
  • The National Geographic Society in connection with its entry into a joint venture with 21st Century Fox covering cable television, technology and media assets in a deal with consideration valued at $725 million and ongoing licensing matters.
  • Bonobos, a New York based ecommerce Company, in connection with its acquisition by Wal-Mart Stores.
  • Banco Bilbao Vizcaya Argentaria in connection with its acquisition of Simple Finance Technology, a mobile banking company.
  • Smart-grid technology company in connection with its acquisition by Danaher Corp.
  • MidFirst Bank in its acquisition of Presidential Financial Corporation from Harbert Private Equity and the Belfer Family.
  • Broadridge Financial Solutions in connection with its acquisition of blockchain-based proxy voting technology.
  • Zen Planner in connection with its acquisition by Daxko.
  • Bristol-Myers Squibb in connection with its tax-free split-off of its child health and nutrition business in exchange for over $7 billion of its own stock.
  • Fortune 100 company in connection with its acquisition of a SaaS software company.
  • Fortune 100 energy company in connection with a restructuring and asset sale to a private equity company.
  • SandRidge Energy in connection with the sale of its tertiary recovery business for $130 million to a Morgan Stanley Global Private Equity portfolio company.
  • Cisco Systems in its sale of its Service Provider Video Software Solutions business to Permira Funds.
  • IBM in connection with numerous acquisitions of privately held software companies, including Sterling Commerce from AT&T for approximately $1.4 billion in cash.

Venture Capital & Entrepreneurial Transactions

  • Charlesbank Capital Partners in connection with management equity arrangements for numerous fund investments.
  • Major pharmaceutical company in connection with its entry into a collaboration option license agreement and investment in the Series C preferred stock of a biotechnology company.
  • Peloton in connection with general corporate matters.
  • Technology and energy companies and entrepreneurs in connection with the entry into esports, gaming and energy joint venture agreements.
  • Venture capital fund in connection with its investment in the Series B preferred stock of a California technology company.
  • New York and California technology companies in connection with preferred stock financings.
  • Blockchain startup in connection with a convertible note financing and general corporate matters.
  • Multiple fintech companies in connection with securities law matters.

Technology Transactions

  • Fortune 100 airline in connection with numerous cobrand credit card arrangements with banks, and financial technology agreements with a major payment network.
  • Fortune 100 airline in connection with the entry into a trademark license agreement.
  • Mortgage technology company in connection with strategic commercial and software licensing agreements.
  • Fortune 100 company in connection with its license of innovative blockchain and fintech technology.
  • Financial services company in connection with its entry into a mobile payment technology agreement.
  • The Kennedy Trust for Rheumatology Research (a research institute at Oxford University) in the structured sale of a portion of its worldwide royalty interests in Remicade and Simponi.
  • Private equity fund bidders in connection with proposed acquisitions of pharmaceutical royalty interests.
  • Fortune 100 company in connection with open source software licensing matters.
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