Kirk A. Davenport is the Co-Chair of the firm's global Capital Markets practice group and a member of the firm's Executive Committee. He has practiced law since 1984 and joined the firm in 1985. His practice centers around capital markets, mergers and acquisitions and general securities and corporate matters. His clients include domestic and foreign investment banks, New York Stock Exchange listed companies, foreign corporations, leveraged buy-out funds and mezzanine investment funds.
Mr. Davenport has represented underwriters, placement agents, initial purchasers and issuers in public and private high yield, convertible note and equity offerings of all kinds in a broad array of industries. He was instrumental in developing the firm's high yield and Rule 144A forms and in the development of commitment letter forms for bridge loan financings. Mr. Davenport has also represented broker-dealers in all manner of other engagements, including dealer manager and consent solicitation agent engagements, and has represented issuers and broker-dealers in tender and exchange offer transactions, both domestically and abroad, as well as prepackaged bankruptcy solicitations. He has also participated in public and private financings for independent power producers and other project sponsors. In the lending arena, he has represented senior and mezzanine lenders in acquisition financings. Mr. Davenport's practice also includes merger and acquisition transactions, representing buyers and sellers in both public and private transactions.
Featured in the January 2003 edition of American Lawyer's '45 Under Forty-Five - The Rising Stars of the Private Bar,' Mr. Davenport ranked as one of the publication's "highest performing members." The magazine describes him as having a "relaxed and mellow tone" that "belies the seminal role he's had in this field."
In addition, Chambers and Partners ranked Mr. Davenport in the first tier in its 2008 US guide, noting that he is a "real superstar" and "the first port of call for bankers seeking high-yield advice." In the 2008 Legal 500 US guide Mr. Davenport was recognized as a leader for his work in capital markets. Mr. Davenport was also lauded in IFLR1000's 2008 guide as a leading capital markets lawyer.
Mr. Davenport was one of the contributing editors for The Book of Jargon (available at www.lw.com/bookofjargon) and has authored several publications on capital markets topics, including:
" "Indenture Reporting Covenants and Section 314(a) of the Trust Indenture Act" (Latham & Watkins Client Alert 860) (2009) (Co-author).
"Restructuring High Yield Bonds: Getting Ready for the Next Phase of the Cycle" (Latham & Watkins Client Alert 696) (2008) (Co-author).
"Navigating Debt Repurchases - Issues and Answers" (Latham & Watkins Client Alert 687) (2008) (Co-author).
"The Future of Registration Rights in Private Offerings of Debt Securities" (Latham & Watkins Client Alert 669) (2008) (Co-author).
"The AHYDO Rules and the PIK Toggle Feature" (Latham & Watkins Client Alert 598) (2007) (Co-author).
"Giving Good Guidance - What Every Public Company Should Know" (Latham & Watkins Client Alert 575) (2007) (Co-author).
"Financial Statement Requirements in US Securities Offerings: What You Need to Know" (2007) (Co-author with KPMG).
"Financial Statement Requirements in US Securities Offerings: What Non-US Issuers Need to Know" (2007) (Co-author with KPMG).
"Christmas in July - The SEC Improves the Securities Offering Process" (Latham & Watkins Client Alert 477) (2005) (Co-author).
"The Securities Laws Grow Up-The SEC Proposes Improvements to the Securities Offering Process" (Latham & Watkins Client Alert 425) (2004) (Co-author).
"Second Lien Financings - Answers to the Most Frequently Asked Questions" (Latham & Watkins Client Alert 382) (2004) (Co-author).
"An Overview of the Financial Statement Requirements for US Securities Offerings" (2003) (Co-author with KPMG).
"US Financial Statements: A Guide for Non-US Issuers" (International Financial Law Review) (2003) (Co-author).