EXPERIENCE
Mr. Berdan is involved in a full range of corporation finance and acquisition transactions, with a concentration on public and private equity and debt securities offerings, mergers and acquisitions, and private equity and management sponsored leveraged buyouts. He works with issuers, investors, underwriters, and placement agents, and he counsels public and private companies in all aspects of their businesses, including Securities and Exchange Commission reporting and stock exchange listing requirements, federal and state securities laws and corporate governance matters.
Advising Fortune 500 companies and startups, Mr. Berdan has experience in a wide range of industries, including oil and gas, manufacturing, construction, entertainment, telecommunications, consumer products, electronic commerce and the Internet, and computer hardware and software. He also has experience in a diverse range of corporation finance transactions, including representations of issuers in initial public offerings and follow-on offerings of equity securities, high yield and convertible debt financings (including related Exxon Capital exchange offers), senior secured credit facilities, "going private" and "going dark" transactions, and tender offers and consent solicitations.
Mr. Berdan is Holland & Hart's Corporate Group Practice Group Leader.
REPRESENTATIVE MATTERS
Financing Transactions
 Initial public offering for Montana-based bank holding company;
Initial public offering for motion picture exhibition company;
Initial public offering for Colorado-based bank holding company;
Initial public offering for natural gas processing company;
Initial public offering for medical device manufacturing company (withdrawn after registration statement declared effective by SEC);
Follow-on public offering for natural gas midstream master limited partnership
Follow-on public offering for midstream energy company;
Follow-on public offering for semiconductor designer and manufacturer; and
Numerous issuances of Rule 144A indebtedness.
Public and Private Company Mergers & Acquisitions
$1.2 billion sale by merger and related debt tender offer for SEC reporting medical device manufacturing company;
$250 million acquisition by merger of Nasdaq listed medical device manufacturing company, including related senior secured credit and senior subordinated note financing arrangements;
$350 million going private merger transaction subject to Rule 13e-3 for semiconductor manufacturing company;
Going private tender offer subject to Rule 13e-3 for publicly traded teleconferencing company; and
Numerous cash-for-stock and stock-for-stock mergers and asset acquisition and disposition transactions for public and private companies.
HONORS
Mr. Berdan was selected as a Colorado Super Lawyers Rising Star in 2010 and 2009 for Securities & Corporate Finance.
In 2008, Mr. Berdan was selected by Colorado in-house counsel for inclusion in the Corporate Counsel Black Book in the areas of General Corporate Law, Sarbanes-Oxley Compliance and Securities Law & Securities Offerings.
PROFESSIONAL ACTIVITIES
Co-Chair, Securities Law Subsection of the Business Law Section of the Colorado Bar Association, 2007-2009
Member, American, Colorado, Denver and Boulder Bar Associations
Member, ABA, CBA and BBA Business Law Sections
CIVIC ACTIVITIES
Silicon Flatirons & University of Colorado Law School Entrepreneurial Law Clinic Curriculum Advisory Committee Member, 2009
Rocky Mountain Dealmakers Summit Participant, 2009
Downtown Denver Leadership Program Participant, 2008
PUBLICATIONS AND SPEAKING ENGAGEMENTS
"Corporate Finance, Shareholder Democracy, Proxy Access and Other Simple Issues," corporate finance panelist at the 42nd Annual Rocky Mountain Securities Conference, May 2010.
"The Deal Finder Minefield: Are you doing business with an unregistered broker?," Firm Seminar, June 2009.
"Corporation Finance: Planned Initiatives and Current Issues," corporate finance panelist at the 41st Annual Rocky Mountain Securities Conference, May 2009.
"Fundamentals of Securities Law," presenter at Colorado Bar Association Business Law Section, Subsection of Securities Law CLE Seminar, January 2009.
"Choosing a Corporate Domicile," presenter at Boulder Bar Association CLE Seminar, October 2008.
"Fundamentals of Securities Regulation for the Business Lawyer," corporate finance speaker at the 9th Annual Business Law Institute presented by the Colorado Bar Association, September 2008.
Co-Author, "The Practitioner's Guide to Colorado Business Organizations," Chapter 2, Choice of Jurisdiction (Lexis/Nexis 2008 supplement).
"A Bridge Over Troubled Waters: Challenges and Approaches to an International Market", corporate finance panelist at the 40th Annual Rocky Mountain Securities Conference, May 2008.
"Corporate Governance Aspects of Executive Compensation," presented at University of Denver College of Law, April 2008.
"Leveraged Buyout (LBO) Case Study," panelist at University of Colorado Law School, Corporate Finance, April 2007.
"The Unintended Consequences of Sarbanes-Oxley," participant at The Silicon Flatirons Roundtable on Entrepreneurship, Innovation and Public Policy, February 2007.
"Recent Delaware Court Decisions of Interest to Securities Lawyers," speaker at Colorado Bar Association CLE Seminar, November 2004.
"The Sarbanes-Oxley Act of 2002: What Colorado Attorneys Need to Know," presenter at National Business Institute CLE Seminar, September 2003.
EDUCATION
University of Denver College of Law J.D. 1997
Duke University A.B. 1993
|
