Eric represents both public and private company clients in corporate and securities law matters and complex transactions. He advises clients on a full range of corporate and commercial matters, including company formation and choice of entity, raising angel and venture capital, negotiating complex contracts, director and officer fiduciary duties, going public, and public company strategic transactions including mergers and acquisitions, proxy contests, corporate reorganizations, securities offerings, and managing complex commercial relationships.
- Entrepreneur Services
- Mergers and Acquisitions
- Outside General Counsel
- Securities and Corporate Finance
- Venture Capital and Private Equity
|1997, J.D.||University of Virginia School of Law, Virginia Law Review, Editorial Board, 1995-97; Order of the Coif; Lacy Withers Armor Scholar|
|1991 & 1988, PhD., M.A.||University of Virginia, Graduate School of Arts & Sciences; Foreign Affairs; Hubert H. Humphrey Fellowship, U.S. Arms Control & Disarmament Agency, 1990-91; MacArthur Fellow; Center for International Security Studies at Maryland, 1989-91; National Science Foundation Fellow, 1987-90; University of Virginia Presidential Fellow, 1986-87, 1990-91|
|1986, B.S.||Clemson University, Physics, summa cum laude|
Recent Mature Company Transactions
- Represented private provider of consulting, engineering and digital solutions to the transportation, aerospace and defense industries in a leveraged recapitalization.
- Represented private aerospace and defense solutions business in the acquisition of an industrial engineering and manufacturing company serving the aerospace, defense and energy industries.
Recent Entrepreneur Representations
- Represented growth-stage behavioral science and persona-based messaging company in Series A Preferred Stock private offering, subsequent follow-on Series A Preferred Stock bridge financing private offering and private offering of Agreements for Future Equity in anticipation of Series B Preferred Stock private offering.
- Represented medical device technology start-up in European Union cross-border Series A Preferred Equity capital raise.
- Represented biomedical software company technology start-up in angel capital private offering.
Representative Historical Transactions
- Span-America Medical Systems, Inc. (NASDAQ:SPAN)
- Represented Span-America in connection with its acquisition by Savaria Corporation (TSX:SIS) for approximately $80.2 million by way of an all-cash tender offer pursuant to an agreement and plan of merger in June 2017.
- Represented Span-America in its acquisition of the assets of M.C. Healthcare Products, Inc., a Canadian company that manufactures hospital bed frames and sells other hospital room furniture, for approximately $9.8 million in December 2011.
- Represented the South Carolina Department of Health and Environmental Control in the transfer of its licenses to provide home health services in all 46 counties of South Carolina for approximately $18 million to a subsidiary of Kindred Healthcare, Inc. (NYSE:KND).
- Ranger International Services Group, Inc. & Louis Berger Services, Inc.
- Represented Ranger International Services Group, Inc., an aviation, logistics and engineering services firm, in its acquisition of U.S. Logistics, Inc. — Named “Lower Middle Market Deal of the Year” for 2009 and one of the “Deals of the Decade” by The M&A Advisor Magazine.
- Represented Ranger International Services Group, Inc. in its acquisition by Berger Group Holdings, Inc., a global engineering firm, announced February 1, 2012. Ranger was renamed Louis Berger Services, Inc. following the transaction.
- Represented Louis Berger Services, Inc., in its acquisition of Hawthorne Services, Inc., a firm specializing in facility services and fueling operations at airfields and military bases, in December 2012.
- Represented founders of a private company who had built their business over 20 years in selling a majority interest in their company for over $50 million to two private equity funds.
- Represented the founders as selling shareholders in its initial public offering.
- Represented the founders as selling shareholders in secondary offerings on Form S-3.
- Luxury Jet Transactions
- Acquisition of a new Bombardier Global 5000 in 2007.
- Acquisition of a new Gulfstream G650 in 2015.
- Sale of a Gulfstream G650 in 2015.
- Acquisition of a new Bombardier Global 6000 in 2016.
|1992-94||Visiting Assistant Professor, Clemson University Political Science Department|
|1992||Post-Doctoral Fellow, Los Alamos National Laboratory|
South Carolina Bar, 1997
- Co-Chair of the Joint Task Force on Model Short Mergers & Acquisitions Agreements of the Middle Market & Small Business Committee and the Mergers & Acquisitions Committee of the Business Law Section of the American Bar Association charged with creating model 15-20 page stock purchase and asset purchase agreements intended for use in merger and acquisition transactions with a purchase price in the $500,000 to $10 million range.
- American Bar Association, Business Law Section, Middle Market & Small Business Committee, Member
- American Bar Association, Business Law Section, Mergers & Acquisitions Committee, Member
- Greenville Chamber of Commerce
- Pendleton Place for Children and Families, Board of Directors, 2015-Present
- Urban League of the Upstate, Board of Directors, 2009-2014; General Counsel, 2009-2011
- Guardian Ad Litem for Children in DSS Abuse and Neglect cases, Volunteer, 1998-2013
- Caine Halter Family YMCA, Board of Advisors, 2006-2011
- Friends of the Greenville County Volunteer GAL Program, Board of Directors, 2004-2006
- Greenville Housing Authority, Board of Commissioners, 2000-2007; Chairman, 2006-2007
- Palmetto Boys Shelter of Miracle Hill Ministries Volunteer, 1998-2003
- Co-Chair & Co-Moderator for Panel Presentation “Indemnification Language that Matters: Critical Language in Indemnification Provision and What Can Happen If You Don’t Have It” to be presented at the American Bar Association’s Business Law Section Fall Virtual Meeting September 2020.
- Panel Presentation “Tech Startups & the Innovation Economy: Legal Issues for Getting Started & Getting Capital” for South Carolina Research Authority (SCRA) continuing legal and accounting professional education presentation “The Innovation Economy in 2020: Opportunities and Challenges,” January 29, 2020.
- Course Instructor for Panel Presentation “Honey I Shrunk the Documents: Best practices for Purchase Agreements That Get Deals Done!” at the M&A Source conference at las Vegas, Nevada, October 23, 2017
- Course Instructor for Arizona Bar Continuing Legal Education Seminar “Honey I Shrunk the Documents: Best practices for Purchase Agreements That Get Deals Done!” in Phoenix, Arizona, May 12, 2017
- Panel presentation “Drafting Arbitration Clauses” for program titled “ADR in Action: How Arbitration and Mediation Clauses Work on Paper and in Practice” at the American Bar Association Business Law Section Spring Meeting, Montreal, Canada, April 7, 2016
- Doing Business in South Carolina Guide, author of Section XV: Licenses, updated January 2020
- Panel presentation “We’re Not in Kansas Anymore – Foreign M&A Pitfalls” for Wyche M&A CEO Roundtable, Greenville, South Carolina, September 15, 2015
- Speaker, “Securities Laws & Raising Capital”, The Iron Yard, May 13, 2015
- Speaker, “Private Offerings & Disclosure: Typical VC Investment Terms”, The Iron Yard, July 23, 2014
- Speaker, “Securities Laws & Disclosure”, The Iron Yard, April 26, 2013
- Speaker, “Private Placements”, The Iron Yard, August 8, 2012
- Guest Lecturer, “Starting Your Company”, Executive Leadership & Entrepreneurship Class, Clemson University College of Business & Behavioral Science, October 30, 2008
- Panelist, Wyche In-House Counsel CLE Roundtable – Mergers & Acquisitions, October 2008
- Raising Capital 101: Legal Considerations for Entrepreneurs, Start-ups and Small Businesses, as heard on “South Carolina Business Review” with Mike Switzer broadcast on June 26, 2008
|2019||Recognized on Pro Bono Honor Roll by Supreme Court of South Carolina|
|2018||Best Lawyers 2018 Greenville Corporate Law “Lawyer of the Year”|
|2017 – Present||Listed in Chambers USA|
|2014||Best Lawyers Greenville Securities/Capital Markets Law “Lawyer of the Year”|
|2011||Urban League of the Upstate Volunteer of the Year Award|
|2010 – Present||Listed in Best Lawyers In America: Corporate Law (2010-Present), Securities Law (2011-Present)|
|2007||Liberty Fellow, Class of 2007|
|1999||South Carolina Bar Pro Bono Lawyer of the Year|
|1997||Thomas Marshall Miller Prize for Community Service, Virginia School of Law|
|1997||Robert F. Kennedy Award for Community Service, Virginia School of Law|
|1997||Rosenblum Award for Community Service, Virginia School of Law|