Banking and finance
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With seven offices across the United States
The United States is the world's largest economy and is also home to the highest number of millionaires (13.6 million), with more than US$90 trillion in total household net worth. 91% of high net worth US households donated to charitable causes in 2016, giving an average of over US$25,000, and the nation gave a total of US$373 billion in 2015.
The USA is a leader in almost every area of economic activity, including manufacturing, technology, financial markets, natural resources and energy production and international trade. An entrepreneurial culture is key to the American economy, with over 30 million small businesses employing over half of the workforce in the US, and ease of doing business is frequently cited as a key attraction of the US corporate environment.
We have been present in the US since establishing offices in New York and New Haven in 2002, following which we expanded to Greenwich, CT in 2006. In 2014 we went out to the west coast, opening first in San Francisco, before adding offices in San Diego, Los Angeles and Rancho Santa Fe in 2015. We are proud to work with successful families and entrepreneurs across the US, and also provide advice to Americans across the world, particularly on their global tax liabilities.

12 May 2020 - Article
Meet the team
Focus areas

Charities and non profit

Beneficiaries and heirs

Leaders and senior executives

Hotels and hospitality

Art

Talent and creatives

Families and family offices

Jets and yachts

Technology and life sciences

Founders

Elderly and vulnerable people

Fashion

Brands

Private companies

Trustees, executors and fiduciaries

Public companies

Government

Family businesses

Energy
Track record
Complex dispute with a financial consulting firm
Withers represented an individual in a dispute involving a successful limited liability company that provided global financial consulting and advisory services. Withers successfully avoided a public lawsuit and negotiated a successful resolution. This complex matter involved parties in the United States, the United Kingdom, Singapore and Belize.
International art lending project
A public chemical company
Swiss-based family office in a corporate control contest
We represented a Swiss-based family office in a corporate control contest involving a California-based US$500 million private company in the coatings business. The company has an independent Board of Directors and is owned by three significant minority owners and widely dispersed current and former employees. Our work involved M&A, corporate governance, finance, complex contracts, tax and offensive corporate litigation. We drew on our New Haven, Greenwich and Los Angeles lawyers and implemented a partial contingent billing arrangement.
California–based recreational vehicle company
Our US corporate, corporate tax and wealth planning groups worked to close this deal, which included a purchase price allocation for personal goodwill and post-closing installment payments under promissory notes, secured by underlying shares subject to a voting agreement. The deal pay-out also included employment arrangements, insurance-related payments and a potential dividend payment.
Public junior gold mining company in a transformational recapitalization
Acted for a public junior gold mining company in a transformational recapitalization (forcing the conversion of preferred stock and amending the terms of a joint venture to reduce the company's remaining obligations) that created a significantly more efficient capital structure and improved the company's liquidity.
Licensing of a new pharmaceutical drug product
Semiconductor corporate restructure
Mistaken identity in personal injury case
Stock issuance to a Canadian asset management firm
We represented a public company and one of the world's largest manufacturers of graphite and carbon-based products in its US$150 million convertible preferred stock issuance to a Canadian asset management firm, followed by a tender offer and merger with a value of US$695 million pursuant to which the Canadian firm acquired the company and the company went private.
Costa Rica wellness resort
Structured and documented a fund for purchase of an 880 acre parcel in Costa Rica, now fully entitled for development of a “wellness resort.” The offering was a full private placement memorandum under Regulation D, Rule 506, with blue sky registration in a number of states. Considerable interest has been shown by prospective end purchasers.
Leading Japanese conglomerate
US micro-venture capital fund
We completed the formation and private offering of a US micro-venture capital fund focusing on the business-to-business digital marketplace and have advised on its investments in three portfolio companies: a platform providing athletes and parents with a suite of online tools to streamline the recruiting process; a platform providing restaurants with a trained food delivery staff and system as well as an app which communicates orders received by restaurants; and a platform that allows manufacturers and distributors in the IT sector to communicate with resellers of their products.
Lease to a prime developer for Marriott Hotels
Residential subdivision in California
Withers frequently advises on the subdivision of residential properties, which often can be complex in nature. For example, our lawyers in California have prepared sales and risk management documentation and disclosures for a successor developer of a luxury subdivision, advised on the legal governance structure for a commercial/residential subdivision, prepared sales and condominium association documents for a luxury ocean front condominium project and prepared sales and condominium association documents for luxury residential project, along with reciprocal easement agreement with adjacent hotel.
Residential real estate in California
Our team in California has deep experience regarding the buying, selling and negotiation of contracts for various residential properties. We have represented the seller of a 25 acre wine country parcel for the development of a luxury home and the purchaser of a resort home in an ultra-high end resort community, including negotiation of a construction contract for purchase of the residence. In addition, we have negotiated and prepared numerous easements with neighboring homeowners, represented a variety of condominium owners in matters involving homeowners associations and represented numerous purchasers of luxury homes and condominiums, including the review of titles and homeowners association documents and architectural guidelines.
Private club/hotel
Option transaction for a private airport
Washington State golf course
Private fiduciaries
A Roman Catholic Order
For a Roman Catholic Order, monetized real estate holdings to provide annuity for aging Sisters by entitling one portion of parcel for 79 single family homes (in concert with a leading developer) and using the proceeds to construct advanced “age-in-place” senior housing for Sisters; additionally, US$200 thousand per new home was dedicated to a private operating foundation for perpetual maintenance and public use of a 5.5-acre legacy garden, over a century old.
Semiconductor manufacturer surplus land subdivision
Roommate matching economy startup
Structured and documented a fund providing seed money for a sharing economy startup in the roommate matching space. Founders are accomplished, successful serial entrepreneurs in the “matching algorithm” field. The offering was a full private placement memorandum under Regulation D, Rule 506 (c), with blue sky registration in a number of states.
Windup of real estate fund
Conservation easement
Retail center / winery
Completed pre-development funding and entitlement of a “Wine Village” on one of California’s busiest traffic corridors. The Wine Village will lease to 17 wine shops and two restaurants. Combination of base rent and percentage rent from case sales will assure high long term profitability of this project.
Alameda County trophy home
Full representation of client in acquisition of the most expensive home ever sold in Alameda County, CA. Home is highly engineered and architecturally complex. Client did not use a real estate broker and relied instead on Withers for all due diligence, financing and insurance underwriting, plus the acquisition of a substantial art collection onsite.
Individual lender based in Russian Federation
Heirs to pharmaceutical company fortune
Represented heirs to the fortune from a pharmaceutical company in a dispute concerning control of the family office and competing claims of breach of fiduciary duty. After completing all pre-trial discovery and motion practice, Withers successfully negotiated a settlement for the heirs without the need for a costly and public trial in California state court.
Heir to a publishing fortune
Withers represented one of the heirs to a publishing fortune in a case arising out of a dispute with his children over the administration of various family trusts. Withers successfully resolved the dispute through alternative dispute resolution in California avoiding a costly court battle and prolonged family discord.
Trust beneficiary
Designated beneficiary of a retirement account
Private professional fiduciaries
Amendment of Foreign Affairs Manual
Advocated on behalf of US citizenship renouncing persons and convinced the US Department of State to amend the Foreign Affairs Manual to allow renouncing citizens to retain their US passports while waiting for Department of State to issue the Certificate of Loss Nationality, and thereby permit these persons to continue to be able to travel to the US.
Global entertainment conglomerate
Healthcare system immigration program
Employment visas and green cards
Fiduciary removal proceedings
Financial institutions in Mexico
Luxury hotel chain in Miami
Luxury hotel chain in California
Luxury hotel chain in Los Angeles
Assisted a luxury hotel chain in acquiring a 50,000 square foot development property in downtown Los Angeles (which transaction included a bridge loan facility from a co-investor), as well as assisting the client with flipping the parcel to a third party purchaser (among multiple bidders) for a significant profit.
Luxury hotel chain in Brooklyn
Build-to-suit lease and parking facility
New York construction/permanent financing
International sport club
International conservancy and sporting society
An elderly client in California
Withers helped an elderly client defeat aggressive efforts by her daughter to force her to endure a medical examination or submit to a guardian ad litem. Withers is often asked to zealously represent parties in California elder abuse actions in a variety of scenarios, including both those situations where the older person is still alive or is deceased.
National basketball team
Foreign-based seller of NY property
Television content distribution rights and contracts
Outside general counsel for luxury brand
US technology company
International beer manufacturer