Ben Kaplan represents clients in a range of sophisticated public and private corporate matters, with a focus on large-scale, cross-border transactions involving the technology sector and complex restructurings.
Ben draws on broad experience, including as in-house counsel to a leading financial services firm and serial acquirer, to provide pragmatic and commercially driven advice to public and private companies, investment funds, and financial institutions on:
Mergers, acquisitions, divestitures, and joint ventures
Complex carve-outs
Affiliate transactions
Bankruptcy-related restructuring and M&A transactions
Leveraged buyouts
Negotiated and contested M&A transactions, including bankruptcy-related
Public and private investments, including SPAC-related considerations
Deal architecture and risk mitigation
Corporate governance matters in preparation for M&A activity
Demonstrating his commitment to giving back to the community, Ben maintains an active pro bono practice, including most recently advising a client through Volunteer Lawyers for the Arts, a legal aid and education organization dedicated to New York artists and cultural organizations. At a previous law firm, Ben participated in legal clinics at various homeless shelters and support groups in Manhattan through Homeless Experience Legal Protection (HELP) and provided formation, regulatory, and corporate advice to small business owners and entrepreneurs in Upper Manhattan through the Business Resource & Investment Service Center (BRISC), which was established by the Upper Manhattan Empowerment Zone and the US Small Business Administration.
Prior to joining Latham, Ben served for more than a decade as senior in-house counsel at a global financial services firm. Before that, he worked at two leading global law firms in New York.
He is a member of the American Bar Association and the Rockland County Bar Association, and he received the Legal Aid Society’s 2003 Outstanding Pro Bono Service Award.
Experience
Ben's representative experience includes advising:
Bankruptcy-Related Transactions
CareerBuilder + Monster, a global talent marketplace and workforce solutions leader, on a court-supervised chapter 11 sale process aimed at maximizing value, including BOLD’s acquisition of the company’s job board business, Iron Corp US’s acquisition of Monster Media Properties, and PartnerOne’s acquisition of Monster Government Solutions
Exela Technologies, a business process automation provider, on its acquisition by XBP Europe Holdings, in connection with its emergence from chapter 11
IG Design Group Americas and its subsidiaries on a court-supervised marketing and sale process pursuant to section 363
Bang Energy, a leading energy drinks and performance beverage manufacturer, on closing a chapter 11/Section 363 sale of its assets pursuant to an asset purchase agreement with Monster Beverage Corporation
Starry Group Holdings, a fixed wireless broadband ISP, as restructuring counsel, on its uncontested reorganization plan
Afiniti on successfully completing its recapitalization transaction with its secured lenders
Robertshaw on its chapter 11 sale and restructuring
A lender on the chapter 11 sale of Center for Autism and Related Disorders and the restructuring of US$245 million of liabilities
A lender on a privately held borrower’s successful bankruptcy auction and Section 363 sale
A lender on restructuring a privately held borrower’s outstanding debt into new debt and equity
A publicly traded company on corporate aspects of its pre-pack bankruptcy filing that resolved US$1.8 billion of debt and coordinated its emergence from bankruptcy
A publicly traded company’s noteholders committee on corporate aspects of its pre-pack bankruptcy filing that resolved US$355 million of debt and coordinated its emergence from bankruptcy
A public Japanese company on its US$250 million acquisition of a mining company’s assets out of bankruptcy, including the purchase of senior debt directly from the lenders
A publicly traded international bank on its US$24 million acquisition of a leading processor of private label salads and fresh-cut vegetables as part of collecting on a defaulted promissory note
A publicly traded company on its bid to purchase life insurance assets from a bankrupt entity in a Section 363 auction and sale
A privately held company on its bid for real estate assets in a Section 363 auction
Mergers and Acquisitions
Safehold, a REIT specializing in ground leases, on its merger with iStar
Northern Data, a leader in AI and high-performance-computing infrastructure, on its:
Business combination agreement with Rumble
US$200 million sale of Peak Mining
Ares Management on acquiring GLP Capital Partners’ international business, GCP International
MES Intermediate on selling certain nonoperating subsidiaries, including Municipal Emergency Services, a distributor of firefighting and emergency response equipment, to Mustang ES Holdings
F.L. Putnam Investment Management Company on acquiring AOG Wealth Management, a wealth asset management firm
Quad Code on its sale of a Commodity Futures Trading Commission-licensed derivatives exchange and clearinghouse to Polymarkets
Block M shareholders on the sale of a 50.03% stake in Lightsource bp, a UK-based world leading developer and operator of utility-scale solar and battery storage assets, to bp plc
A publicly traded cell phone tower owner/operator on its:
US$4.1 billion stock-for-stock merger into another publicly traded cell phone tower owner/operator
US$1.3 billion acquisition of cell phone towers from a publicly traded cellular service provider and the related leaseback of a portion of each tower to the seller
US$108 million sale of cell phone towers to a publicly traded cellular service provider
US$19 million divestiture of its Canadian business
A public Japanese trading company on its US$1.2 billion acquisition of power plants in Mexico
A private equity fund on its US$800 million acquisition, via merger, of a publicly traded company
A company on the US$500 million sale of a portion of its international investment
A sovereign wealth fund’s portfolio company on its US$493 million acquisition of an international manufacturing company with facilities in the US, China, Germany, and Mexico
A private company in the financial software industry on its US$400 million acquisition by a private equity fund via merger
A French publicly traded company’s US subsidiary on the US$140 million aggregate sale of a portion of its advertising business to a private equity fund and its partner’s sale of its entire interest
A private equity fund on its US$62 million sale of an international manufacturing portfolio company
A private equity fund on its US$33 million acquisition of a plastic-mold injection manufacturing company serving the US automobile industry
Acquisitions and dispositions across multiple geographies and industries, including:
Regulated entities in Hong Kong, Singapore, Ireland, the UK, and the US
A registered investment advisory business
A regulated technology platform
A regulated gaming technology business
An advertising business
An online commercial goods platform
A wealth management business
Joint Ventures
Corporate clients on investments and joint ventures in:
Real estate
The international gaming industry
Broker dealer desks and equities trading technology platforms
Microwave antenna communications networks
An advertising business
An online ordering platform for commercial products
Glass recycling
Utility-scale solar farms
Corporate practice of medicine
Qualifications
Bar Qualification
New York
Education
JD in Intellectual Property & Communications Law, Benjamin N. Cardozo School of Law, 2000 summa cum laude
BA in English Literature & Creative Writing, New York University, 1997 cum laude
Firm honored by Law360 for advising startups, financial institutions, VCs, digital asset and Web3 participants, and corporations on their most innovative and complex transactions, investigations, litigation, and regulatory matters.
Multidisciplinary team advises the supplier of refined borates and advanced boron materials in the transformational transaction, transitioning the company from a pre-revenue developer to a revenue-generating US producer of boron and critical industrial minerals.
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