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Shane de Burca practices in the area of corporate transactions, including mergers and acquisitions, public and private securities offerings, emerging company representation, private equity portfolio transactions, and corporate governance. He has represented U.S., European, Asian and other foreign clients in major cross-border transactions, including mergers and acquisitions, global securities offerings and joint ventures. His securities experience includes the representation of numerous underwriters and issuers in the sale of equity, debt and hybrid securities in both public (IPO, secondary) and private offerings.

Mr. de Burca has advised on a wide range of insurance industry transactions such as the development of insurance risk transfer products in the life and property/casualty areas, reinsurance sidecars, insurance company formation and capitalization, acquisitions and sales of insurance companies, derivative and transformer structures, contract wording, fronting programs, portfolio transfers and take-outs. He has also dealt with various regulatory matters such as producer licensing, product development and registration, marketing practices, licensing of new insurers, and advising on the impact of new regulations and laws.

He has represented many different developers and investors in connection with early stage renewable energy and biofuel facilities. He has also worked extensively with strategic and financial buyers in connection with the acquisition and sale of power plants, and joint venture and partnership issues in connection with ownership interests in facilities.  He has also advised developers and lenders on interim and project financings for facilities.

He has represented buyers and sellers of companies in private equity transactions, including going-private transactions, joint ventures and leveraged buyouts.   He has also represented clients in specialized areas such as over-the-counter derivatives (ISDA and non-ISDA), leveraged leasing, acquisition financing, mezzanine debt, bond offerings, project financing, and alternative investment funds.  He also represents start-up and emerging companies in the technology, energy and financial services industries and often deals with seed and venture financing as well as the governance issues in growing enterprises.

Mr. de Burca began practice with the law firm of Davis Polk & Wardwell LLP in New York in 1997.  He has also worked with Chadbourne & Parke LLP. He regularly performs pro bono work in the corporate and elder law fields.

Mr. de Burca is also licensed as a producer for life, accident, health, property and casualty insurance in New Jersey.

Representative Matters

• Represented the sponsors in the formation and capitalization of a $535 million reinsurance sidecar, its $135 million follow-on sidecar and winding-down activities

• Represented a private equity fund in the $680 million acquisition of a publicly held multi-level marketing distributor of nutritional supplements (and with respect to related equity and mezzanine financings)

• Represented a financial intermediary in the establishment of an insurance program to address the risk of non-payment by a government-run catastrophe fund

• Represented a national insurance broker in connection with the acquisition of a series of property casualty and employee benefits retail brokers, business books, and an employee benefits consulting business

• Represented an insurance company in the sale of various assets including loss portfolio transfer, renewal rights and a shell company

• Represented several European issuers in connection with their foreign initial public offerings and related domestic Rule 144A/Regulation S offerings

• Represented a strategic buyer in connection with the acquisition of a number of coal/gas power plants

• Represented a major European software company in the restructuring of its United States operations

• Represented a public held brokerage firm in a tender offer for and acquisition of a publicly held online rival

• Represented underwriters in a public equity offering for a leading semiconductor design company

• Represented various European and Australian companies in cross-border repurchase and DGP transactions

• Represented an insurance company in connection with its private initial public offering (PIPO) and reorganization

• Represented a financial intermediary in connection with developing an institutional group annuity insurance product

• Represented underwriters in various public offerings for a large cable company

• Represented developers and investors in financing traditional and renewable energy power and biofuel plants

Publications

"Industry Loss Warranties: the basics," September 2011

"Catastrophe Bonds: the basics," August 2011

"Insurance-Linked Securities: the basics," June 2011

"Principled Regulation: How the U.K.'s Financial Services Authority Has Successfully Differentiated Itself from U.S. Regulators," The Deal, May 21, 2007

"Inside the Reinsurance Sidecar," In re Products Liability Newswire, July 2006

"SPACs: A Sound Investment or Blind Leap of Faith," Insights: The Corporate Law & Securities Advisor, February 2005

"An Expanded View of Deal Fairness: NASD Adds Management Rewards to Possible Conflicts of Interest," Mergers & Acquisitions: The Dealmakers' Journal, September 2005

"Fair Pay," The Deal, June 2005

"The Definition of Affiliates under the SEC's Going Private Rule,"Insights: The Corporate Law & Securities Advisor, August 2004

"Ireland's Artist Exemption," Entertainment Law Review, Sweet & Maxwell, 1995