Bernie Archbold

Bernie has extensive experience advising clients:

• Regarding transaction reportability under the HSR Act, identifying applicable exemptions to the HSR Act, and preparing HSR Act filings for all types of transactions
• Responding to Voluntary Access Letters and Requests for Additional Information and Documentary Materials (or “Second Requests”) issued by the FTC and DOJ
• Regarding compliance with Section 8 of the Clayton Act’s prohibition against officers and directors serving simultaneously on the board of competing corporations as well as identifying de minimis exception scenarios
• Performing antitrust due diligence, negotiating transaction agreements with a focus on antitrust risk allocation and maximizing client flexibility, and advising about integration planning and gun jumping
• Preparing executive compensation HSR filings and preparing HSR monitoring and compliance programs to ensure company executives remain HSR Act compliant when receiving equity awards or exercising options and warrants

Bernie’s representative experience includes advising:

• Mammoth Brands in its acquisition of Coterie, a premium baby care and diapering brand
• Private Equity at Goldman Sachs Alternatives in its proposed acquisition of Excel Sports Management, a leading sports talent agency
• SK Capital and its portfolio company, Axillon Aerospace, in the proposed sale of Axillon’s Fuel Containment business to HEICO Corporation
• Crosstimbers Capital Group in its sale of Tachus Fiber Internet, a leading fiber internet company, to Ezee Fiber, a subsidiary of I Squared Capital
• MEG Energy Corp. in its C$7.9 billion (US$5.68 billion) acquisition by Cenovus Energy Inc.
• Prepared, an AI-powered emergency communications platform, in its sale to a leading company
• Several leading asset managers undergoing Section 8 Investigations brought by the DOJ*

*Matter handled prior to joining Latham