Nicholas J. DeNovio

  • Partner
  • Enicholas.denovio@lw.com
  • 555 Eleventh Street, NW
  • Suite 1000
  • Washington, D.C. 20004-1304
  • USA
  • T +1.202.637.1034
  •  
 

Profile

Nicholas DeNovio, former Global Chair of Latham & Watkins’ International Tax Practice, is a partner in the Washington, D.C. office and member of the Audit Committee.

Prior to joining Latham, Mr. DeNovio served as Deputy Chief Counsel for the IRS (2002 – 2005).

Throughout his career, Mr. DeNovio has represented large US and non-US-based multinational corporations on complex cross-border transactions involving: 

  • Mergers and acquisitions
  • Spin-offs
  • Financings
  • Group structuring

Mr. DeNovio began his career in private practice in New York City and became a partner at a global law firm. He is a member of the board for the George Washington University/IRS International Tax Program and served as Chair of the University of Chicago’s Federal Tax Conference from 2012 – 2014.

Thought Leadership

Mr. DeNovio is a renowned speaker and writer for organizations such as Tax Executives Institute (TEI), Practicing Law Institute (PLI), International Fiscal Association (IFA), National Foreign Trade Council (NFTC), and various bar associations. He has authored and spoke on an array of tax related topics including:

  • Co-author, “Cross-Border Financing: Taxpayer Wins on Characterization of Intercompany Debt Transaction,” Client Alert, Aug. 2018
    Thought Leadership
  • Co-author, “Cross-Border M&A: Putting the Recently Finalized US Inversion Regulations into Context Following US Tax Reform,”  Client Alert, Jul. 2018
  • Co-author, “IRS Launches New Compliance Campaigns on Repatriation of Foreign Earnings and Virtual Currency,” Client Alert, Jul. 2018
  • Co-author, “New Guidance Issued for Transition Tax on Deferred Foreign Earnings,”  Client Alert, Apr. 2018
  • Co-author, “Multinational Financial Groups After the U.S. Tax Reform: Selected Inbound and Outbound Issues,”  Client Alert, Apr. 2018
  • Speaker, “Navigating Tax Reform: A Plain English Discussion of Financing, M&A Transaction, and Disclosure Issues,” Webcast, Jan. 2018
  • Co-author, “US Tax Reform: Key Business Impacts, Illustrated With Charts and Transactional Diagrams,” Client Alert, Jan. 2018
  • Speaker, “US Tax Reform: Understanding the Proposals and Executing Transactions in the Face of Uncertainty,”  Webcast, Feb. 2017
  • Co-author, “Treasury Issues Final and Temporary Regulations on Related-Party Debt Instruments,” Client Alert, Oct. 2016
  • Co-author, “10 Steps to Mitigate EU State Aid Exposure on Tax Arrangements,” Client Alert, Sep. 2016

Experience

Mr. DeNovio’s experience includes representation of:

  • Allergan in its US$40.5 billion sale of Global Generic Pharmaceuticals Business to Teva Pharmaceuticals
  • FMC Technologies, Inc. in its US$13 billion merger of equals with Technip, via the EU cross-border merger regime
  • Globe Specialty Metals in its US$3.1 billion merger of equals with Grupo FerroAtlantica to create a leading international silicon and specialty metals producer
  • Sorin in its US$2.7 billion mergers of equals with Cyberonics to create a new medical technology company
  • Actavis in its US$8.5 billion acquisition of Warner-Chilcott, an Ireland-based pharmaceutical company focusing on women’s healthcare
  • Actavis in its US$28 billion acquisition of Forest Laboratories, a specialty pharmaceutical company
  • Major companies in internal restructuring in pre and post transaction efforts, including: Autodesk, Electronic Arts, Owens Illinois, Citibank, General Electric, WR Grace, Omnicom Group, Inc., Jabil Corporation, Diageo plc, and Viasat
  • Numerous companies of similar stature on matters involving the IRS, at all levels of the IRS administrative process

Thought Leadership

  • Treasury Department, IRS Issue Final GILTI High-Tax Exception Regulations (Client Alert With Illustrative Diagrams) -  August 05, 2020
  • COVID-19: CARES Act Eases Key US Tax Rules, Throwing a Lifeline to Some Businesses – UPDATE  -  April 20, 2020
  • Planning for Tax Controversies Before, During and After the Deal: New Dynamics in Cross-Border M&A Under the TCJA -  July 12, 2019
  • Following the BEAT: IRS Issues Proposed Regulations on Application of Base Erosion and Anti-Abuse Tax -  January 14, 2019
  • New Proposed Treasury Regulations May Eliminate Adverse Tax Consequences on Use of Foreign Credit Support for US Corporate Borrowings -  November 05, 2018
  • Cross-border M&A: Putting the Recently Finalized Inversion Regulations into Context  -  August 16, 2018
  • Cross-Border Financing: Taxpayer Wins on Characterization of Intercompany Debt Transaction -  August 14, 2018
  • Cross-Border M&A: Putting the Recently Finalized US Inversion Regulations into Context Following US Tax Reform  -  July 26, 2018
  • IRS Launches New Compliance Campaigns on Repatriation of Foreign Earnings and Virtual Currency -  July 12, 2018
  • New Guidance Issued for Transition Tax on Deferred Foreign Earnings -  April 11, 2018
  • Multinational Financial Groups After the U.S. Tax Reform: Selected Inbound and Outbound Issues -  April 5, 2018
  • US Tax Reform: Key Business Impacts, Illustrated With Charts and Transactional Diagrams -  January 10, 2018
  • US Tax Reform: Opportunities and Challenges for Leveraged Finance -  December 27, 2017
  • Congress Passes Tax Reform Legislation, Implementation Imminent -  December 20, 2017
  • Congressional Tax Reform Proposals: Rethinking Key Business Decisions -  December 02, 2017
  • Tax Reform Update: Administration and Congressional Officials Unveil Framework -  September 28, 2017
  • Structuring Offshore MLPs—An Example of Using Reverse Hybrids to Navigate the Tax Issues Created by Corporate Law (and Lawyers’) Goals -  September 01, 2017
  • Tax Reform Update: 4 Issues to Watch as Congress Nears Summer Recess -  July 31, 2017
  • Treasury Gives Taxpayers Extra Year to Meet Related-Party Debt Documentation Requirements; Per Se Equity Rule Unchanged -  July 31, 2017
  • US Tax Reform: Strategies for Executing Transactions in the Face of Uncertainty -  June 19, 2017
  • Tax Reform – An Update Based on Recent Statements from the Trump Administration  -  April 28, 2017
  • US Tax Reform: Strategies for Executing Transactions in the Face of Uncertainty -  March 20, 2017
  • US Tax Reform: Strategies for Executing Transactions in the Face of Uncertainty -  March 02, 2017
  • Treasury Issues Final and Temporary Regulations on Related-Party Debt Instruments -  October 26, 2016
  • IRS to Issue Regulations Addressing Tax Splitter Transactions: Target Is EU State Aid Investigations but Restrictions to Be Broader -  September 23, 2016
  • 10 Steps to Mitigate EU State Aid Exposure on Tax Arrangements  -  September 19, 2016
  • Treasury Targets Inversions and Related-Party Debt with Far-Reaching Regulations -  April 27, 2016
  • Treasury Targets Related-Party Debt with Proposed Regulations to Treat Debt as Equity -  April 21, 2016
  • Treasury Issues Stringent Inversion Regulations, Proposes Far-Reaching Related-Party Debt Rules -  April 21, 2016
  • State Aid: What It Is, and How it May Affect Multinationals and Tax Departments -  April 06, 2016
  • OECD Publishes Final BEPS Project Reports -  October 22, 2015
  • Diverted Profits Tax: A Blueprint for Global Anti-Avoidance Regimes? -  August 21, 2015
  • New Final Inversion Rules Maintain Tight Standard for Corporate Expatriations -  June 09, 2015
  • Treasury Announces Inversion Regulations; Reach Extends to Other Cross-Border M&A -  September 29, 2014
  • Tax Update - Law Averting Fiscal Cliff Revises Rates for Certain Taxpayers and Extends Various Business and Energy Tax Provisions -  January 07, 2013
  • IRS Tightens Rules on Corporate Expatriations -  June 12, 2012
  • Tax Department Update - IRS to Require Taxpayers to “Self-Identify” Potential Tax Issues -  January 27, 2010
  • President Signs Legislation Extending NOL Carryback Period and Delaying Implementation of Worldwide Interest Allocation Rules -  November 10, 2009
  • Cross Border M&A: US Treasury and Internal Revenue Service Embed Important Positions in Preamble to Recently Issued Corporate Inversion Final Regulations -  June 23, 2008
  • 2007 Year-End US Treasury and IRS Guidance on Income Source and International Restructuring Issues -  January 10, 2007
  • Cross-Border Financings: US Tax Authorities Target Structured Finance Arbitrage and Double Dip Losses -  April 4, 2007
  • US Treasury and IRS Announce Rules Providing Increased Flexibility in Multinational Corporate Restructurings -  February 20, 2007
  • Protocol to the Germany–US Double Tax Treaty -  September 11, 2006
  • Tax Reconciliation Act signed by US President on May 17 Contains Significant Changes that Impact Tax Planning -  May 22, 2006
  • Cross License Agreements under Review by US Tax Authorities; Significant Income and Withholding Tax Questions at Issue -  March 28, 2006
  • Final US Regulations affect Cross-Border Business Combinations and Multinational Corporate Restructurings -  February 8, 2006

Visit Latham’s US Tax Reform Resource Center for insights and resources to help understand and prepare for the potential impacts of tax reform on a range of business issues. 


“A subject matter expert and a tremendous technical resource”
“Authoritative, smart and has seen everything”

Chambers USA 2019-2020
Bar Qualification
  • District of Columbia
  • Florida
  • New York
Education
  • LLM, New York University School of Law, 1987
  • JD, University of Miami School of Law, 1986
    cum laude
  • BBA, University of Miami, 1983
    cum laude
Industries
  • Aerospace, Defense & Government Services
  • Healthcare & Life Sciences
  • Technology
Practices
  • International Tax
  • Tax
  • Tax Controversy
  • Transactional Tax