Toby D. Merchant
Toby Merchant focuses his practice on business law and transactions including mergers and acquisitions, securities offerings, debt financings, private equity investment and general corporate governance matters. In mergers and acquisitions, Toby advises public and private companies in both domestic and cross-border acquisitions and divestitures. In the area of private equity investing, his representation includes advising private equity funds with respect to a variety of investment opportunities. In the area of securities, he regularly advises clients with respect to federal and state securities laws and stock exchange rules compliance, public offerings and corporate governance matters. Toby has served as primary outside securities compliance and governance counsel to several publicly held companies.
He also has experience in the acquisition of financial institutions (in both FDIC assisted and non-assisted transactions).
Toby was selected for inclusion in Ohio Super Lawyers – Rising Stars Edition 2009
, a listing of the top up-and-coming lawyers in Ohio.
Toby was a speaker for “US and Brazilian Anticorruption Laws Roundtable: Navigating Through Turbulent Waters” in Miami, November 14, 2013. He is the author of “Recognizing ILO Rights to Organize and Bargain Collectively: Grease in China’s Transition to a Socialist Market Economy,” published in Case Western Reserve Journal of International Law
, Volume 36, Winter 2004.
- Representing a publicly held company on its US$124 million acquisition of Arnold Magnetic Technologies Holdings Corporation, a manufacturer of permanent magnets and precision magnetic assemblies with facilities in China, Switzerland, the UK and the US.
- Advising on the US$295 million divestiture of Staffmark Holdings, Inc., a leading, national provider of light industrial, clerical and specialty staffing solutions.
- Representing Horizon Technology Finance Corporation on its organization and US$100 million initial public offering and listing on the NASDAQ Stock Market.
- Representing Limoneira Company on its registration under the Securities Exchange Act of 1934 and listing on the NASDAQ Stock Market.
- Representing Compass Diversified Holdings on the transfer of the listing of its shares from the NASDAQ Stock Market to the New York Stock Exchange.
- Advising a regional bank in acquiring two failed banks in FDIC-assisted transactions.
- Representing the US Department of Treasury in connection with its TARP Capital Purchase Program and in making several hundred investments in US financial institutions from October 2008 until 2011.
- Advising a publicly held company on its US$85 million acquisition of Fox Factory, Inc., a designer, manufacturer and marketer of high-performance suspension products for mountain bikes, all-terrain vehicles, snow mobiles and other off-road vehicles.
- Advising on the purchase by a leading personnel services business in the Midwest of another personnel services business of comparable size.
- Advising on the purchase of a leading manufacturer of upholstered furniture for the promotional segment of the marketplace by a publicly traded private equity fund.
- Advising on the purchase by a publicly traded private equity fund of a leading global designer and manufacturer of industrial drying and cooling equipment.
- Advising on the divestiture by a publicly traded private equity fund of a recreational products company.
- Advising on the divestiture of a developer and manufacturer of screening and separating equipment located in the Midwest.
Case Western Reserve University, J.D., cum laude, executive articles editor, Case Western Reserve Journal of International Law, 2004Cornell University, B.S., 2001