Dr. Boaz Barack

Dr. Boaz Barack is our exclusively recommended Capital Markets Law expert in Switzerland on the Advisory Excellence website. If you need assistance in this area, please contact Boaz directly using the contact details listed above.

Boaz is an experienced banker with over 30 years of an international banking career, including more than twenty years as Member of Senior Management at the two leading Swiss banks. The Rothschild Group acquired his private asset and risk- management company in 1990.

Dr. Boaz Barack holds a Ph.D. degree in International Law and Economics from the University of Cambridge, England, Master’s degrees in Law and Business Administration from the University of Tel Aviv, Israel, and diplomas in Common Market Business Affairs from the European Economic Community college in Bruges, Belgium and from the Academy of International Law in the Hague, Holland.

Firm Overview:

BONART is an independent Swiss advisory and execution firm.

We join forces with investors and entrepreneurs to navigate through the capital markets.

We anticipate that the growing focus on private markets, and the digitalisation of the investment supply chain, will drive substantial changes in the solutions offered by the traditional finance industry.

To capitalise on these opportunities, BONART has built a unique business model combining our teams’ passion for innovation, and our drive to deliver simple profoundly practical solutions.

Our three interlocking business divisions:

  • Financing Private Equity
  • Structuring Investment Strategies
  • Proprietary Investment Strategies

We look at finance and investments differently than others.

​First founded by Dr. Boaz Barack in 1983, BONART initially provided financial risk management strategies and the first-ever structured methods to hedge the business risks and transactions of its substantial clients. In 1990 the company was bought by the Edmond de Rothschild Group.

In 2010, Dr. Barack re-established BONART as a Swiss company. It advised UBS AG on financial matters, served as a hub for investments of the Barack Family Office, and acted in directorship and holding positions in several European financial institutions.

The combination of our access and interactions with both traditional institutions and start-ups has shaped BONART’s philosophy and vision for the future of finance.

Dr. Achim Herfs

Achim Herfs is our exclusively recommended Capital Markets Law expert in Germany on the Advisory Excellence website. If you need assistance in this area, please contact Achim directly using the contact details listed above.

Achim is a corporate partner in the Munich office of Kirkland & Ellis International LLP. Prior to joining Kirkland, he was a partner in the Munich and Frankfurt offices of Hengeler Mueller.

He advises listed companies on capital markets transactions, corporate restructurings and M&A transactions, as well as corporations and their bodies on general capital markets and stock corporation law, including the support of general meetings, and internal investigations. Furthermore, Achim Herfs advises issuers and banks on capital markets transactions, including IPOs, rights offerings, share placements without pre-emptive rights and block trades, as well as the issuance of convertible bonds and high yield bonds.

He is a lecturer for corporate and capital markets law at the University of Augsburg and is frequently published on his area of law in journals and textbooks.

Achim Herfs is listed as a leading senior partner for corporate law in the 2020/2021 edition of JUVE Handbook German Commercial Law Firms. He is also honoured as “Lawyer of the Year” for capital markets in Germany by Handelsblatt Best Lawyers 2019. IFLR1000 recognises Achim in its 2021 Financial and Corporate Guide as a highly regarded lawyer for capital markets, M&A and private equity. In addition, he is listed in WirtschaftsWoche as one of the most renowned lawyers for corporate law and M&A in 2020. FINANCE ranks Achim as one of the top 10 dealmakers 2020 in Germany and Chambers Global as well as Chambers Europe recommend him for Corporate/M&A: High-end Capability in 2021.

Firm Overview:

Attorneys in our Munich office have counselled clients in Germany, Europe and globally on sophisticated transactions for nearly 15 years. Working from our office in the city’s historic centre, our team of nearly 40 attorneys handles private equity/M&A, capital markets, debt finance and tax matters, and advises on all aspects of domestic and cross-border insolvencies and financial restructurings. Our Munich team is fully integrated with our practices in London, the U.S. and Asia, giving clients access to Kirkland’s diversified, international resources. Our attorneys in Munich are all German-qualified lawyers and fluent in both German and English, with significant experience abroad.

Cathy A. Birkeland

Cathy Birkeland is our exclusively recommended Capital Markets Law expert in Illinois on the Advisory Excellence website. If you need assistance in this area, please contact Cathy directly using the contact details listed above.

Cathy, Chicago Office Managing Partner and former Global Co-Chair of the Capital Markets Practice, helps issuers, underwriters, and investors execute successful capital markets transactions, and advises public companies and boards of directors on corporate governance and securities law matters.

For more than two decades, Cathy has advised clients on a broad array of capital markets transactions, including:

  • Initial public offerings (IPO)
  • Dual track IPO/M&A processes
  • Spin-off transactions
  • Follow-on offerings
  • Block trades
  • ATM programs

Cathy advises public and private companies of all sizes across the globe, including Fortune 500 companies, emerging growth companies, investment banking firms, investors, and private equity firms. She has experience with numerous industries, including technology, hospitality, REITs, consumer retail, financial services, biotechnology, pharmaceuticals, and manufacturing.

When counselling public companies and their boards of directors, she draws on her insights into the Securities and Exchange Commission (SEC) and regulatory processes to advise on:

  • ’34 Act reporting
  • Complex disclosure requirements
  • Corporate governance best practices
  • NYSE/Nasdaq listing
  • Securities regulation
  • Tender offers
  • Consent solicitations
  • Private placements
  • Rule 144
  • Section 16
  • Share repurchase programs
  • 10b5-1 trading plans
  • Financial reporting

Highly regarded by clients and peers, Cathy has been named as one of the Most Influential Women Lawyers in Chicago by Crain’s Chicago Business, which recognised her as a “first-rate capital markets lawyer.” The Chicago Business Journal also named Cathy to its 2018 Women of Influence list.

She regularly speaks on capital markets and corporate governance matters at industry conferences. She serves on the Executive Committee of the annual Ray Garrett Jr. Corporate & Securities Law Institute, sponsored by Northwestern Pritzker School of Law.

Antonia Severin

Antonia Severin is our exclusively recommended Capital Markets Law expert in Sweden on the Advisory Excellence website. If you need assistance in this area, please contact Antonia directly using the contact details listed above.

Antonia is an associate in our Capital Markets practice in Stockholm and joined White & Case in 2020. Prior to joining White & Case, Antonia studied Law at Stockholm University and at Fundação Getulio Vargas and worked as an associate at a Big Four firm.

Representation of Ahlstrom-Munksjö Oyj on the voluntary recommended public cash tender offer made by a Bain Capital lead consortium formed by (BC) Lux Holdco S.à r.l. (a vehicle owned and controlled by funds managed or advised by Bain Capital Private Equity (Europe), LLP, and/or its affiliates), Ahlstrom Invest B.V (an indirect subsidiary of Ahlström Capital Oy), Viknum AB and Belgrano Inversiones Oy, for all the issued and outstanding shares in Ahlstrom-Munksjö Oyj. The tender offer values Ahlstrom-Munksjö’s total equity at approximately EUR 2.1 billion. Ahlstrom-Munksjö is a global leader in innovative and sustainable fiber-based materials and its shares are listed on Nasdaq Helsinki and Nasdaq Stockholm.

Firm Overview:

Truly Global

White & Case is an international law firm that serves companies, governments and financial institutions. Our long history as a global firm means we are uniquely placed to help our clients resolve their most complex legal challenges wherever they are.

Masahito Amano

Masahito Amano is our exclusively recommended Capital Markets and M&A expert in Japan on the Advisory Excellence website. If you need assistance in this area, please contact Masahito directly using the contact details listed above.

Professional Experience

Legal Research and Training Institute, the Supreme Court of Japan (1982-1984)
Nishimura & Asahi Law Office (current name), practicing primarily international capital market, corporate finance and structured finance area (1984-1992)
Hughes, Hubbard & Reed Law Office (New York), practicing general corporate law (1990-1991)
Merrill Lynch Japan Securities (1992)
General Counsel of Merrill Lynch Japan Securities (1996-2008)
Member of the Board of Directors of Merrill Lynch Japan Securities (2001-2009)
Head of Legal, Bank of America Group, Japan (including Merrill Lynch Japan Securities) (2009-2019)
Masuda & Partners Law Office-Senior Advisor (2019-present)

Professional Licenses

Admitted to the Japanese Bar, Japan (1981)

Key Experience at Merrill Lynch/Bank of America

-Contributed by providing legal support regarding documentation and regulatory aspects in order to further the establishment and development of Merrill Lynch/Bank of America’s investment banking and wholesale security businesses in Japan. My duties also included legal support and oversight of the execution of critical transactions related thereto, among other things, Equity and Equity Linked Capital Market (including IPOs, Privatizations, Global Add on Offerings, CB and Convertible Preferred Offerings), M&A Advisory (including advisory business for friendly, competing or raid defense M&A deals), Leveraged Financing, Securitization and Principal Investment.

-Involvement in Merrill Lynch/Bank of America’s own M&A, Strategic Alliance, Reorganization and other projects in Japan driven by its U.S. corporate strategy team including Consolidation of Bank of America and Merrill Lynch Japan Operations, Sale of Joint venture stakes in Private Banking Wealth Management business, Creation of Joint Venture as to Private Banking Wealth Management business with an alliance Mega Bank and Acquisition of Security Firm’s Retail business operations, resources and infrastructure.

-Analyzing and advising local and global regulatory development, dealing with regulators including the Financial Services Agency, Bank of Japan, Security Surveillance Commission and Japan Fair Trade Commission as well as managing litigations and incidents.

-Contributed to corporate governance in Japan, including management and administration from legal aspect of the board of directors and shareholders meetings of local legal entities as well as participation in the board and local management and transaction vetting committees as a regular member.

Languages

Japanese and English

Professional Activities, Memberships and Appointments
Member of the Whole Sale Business Discussion Committee of Japan Securities Dealers Association (2013-2018)
Visiting instructor, Waseda University, Graduate School of Finance, Accounting and Law (2009-2014)

Education

Waseda University, Faculty of Law, Japan (1981, LL.B.)
University of Washington (Seattle), Graduate School of Law, USA (1989, LL.M.)

Firm Description

Masuda & Partners Law Office was established in February 2008 under the leadership of experienced and forward-thinking Japanese lawyer, Eiji Masuda, with the able assistance of his colleagues.

From the start our firm has committed to offering the highest quality legal services possible, in a sophisticated and timely manner, so as to meet our clients’ ‘true’ needs, given the ever growing expectations for lawyers in today’s rapidly and greatly changing globalized world.

The firm aims to establish a powerful structure of optimum size and offers the most efficient and effective legal options for our clients, while ensuring that all members of our firm can trust and collaborate very closely with one another.

The firm has the support of many clients, colleagues and friends that share Masuda & Partners’ sense of commitment and vision. With that support, our firm is advancing its mission and continues to develop in order to make our clientele’s goals a reality.

Areas of practice

Corporate law and the financial instruments and exchange law: our firm provides a wide range of legal advice not only pertaining to general corporate and corporate law, but also regarding public and private offerings, disclosure requirements, takeover bids, reporting on large shareholdings, insider trading and other prohibited practices. Our firm also provides legal advice on regulations and codes of conduct for financial instruments business products under the financial instruments and exchange law.

Mergers and acquisitions: the firm provides legal advice on due diligence as well as drafting and negotiations regarding mergers and acquisitions. Our firm regularly advises on defensive measures against hostile takeover bids, either through lawyer-client consultations or through membership of independent committees established by several listed companies. The firm is assisted by the counsel of Professor Minoru Tokumoto of Tsukuba University, one of Japan’s leading scholars, who has intimate familiarity in the area and by the counsel of Professor Tsuyoshi Kinoshita, a previous Professor of Law at the University of Tokyo, Hokkaido University, Chuo University and St. Paul University, located in the United States of America.

Compliance/corporate governance: under the leadership of managing partner Eiji Masuda, our firm provides legal advice on compliance matters (including defensive measures for inspections conducted by the Financial Service Agency) for banks, securities companies, insurance companies and other financial institutions, either through lawyer-client consultations or through membership on Compliance Committees established by several highly sophisticated enterprises. Our firm also regularly advises on risk/crisis management regarding white-collar crime, including corporate crime and corporate liability for employee misconduct, relying on the practical experience of Eiji Masuda, who served as General Counsel (Private Client Group) and Executive Officer of Merrill Lynch Japan Securities Co, Ltd. The firm supports companies in various industries by presenting and conducting seminars as well as company training sessions.

Personnel/labour matters: the firm provides a full range of legal advice and services on personnel and labour law matters. Our firm represents clients in litigation as well as providing alternative resolutions in labour disputes.

Securitisation/new financial products: our firm offers legal advice on securitisation of real estate and innovative financial products, including those that use collective investment schemes.

Litigation and dispute resolution: the firm’s teamwork oriented litigation/dispute resolution is strong and focused. Our team works on large-scale, complex commercial disputes that cover both domestic and cross-border jurisdictions, acting as lead counsel when providing advice pertaining to aspects of Japanese law.

Asia practice: our firm has devoted itself to establish a strong network with excellent local law firms throughout South East Asia. Taking advantage of this network, the firm is able to provide a wide range of legal services on both inbound and outbound matters regarding South East Asia-related business.

Dr. iur. Michael Oberhuber, LL.M.

Michael Oberhuber is our exclusively recommended Capital Markets Law expert in Liechtenstein on the Advisory Excellence website. If you need assistance in this area, please contact Michael directly using the contact details listed above.

A special focus of our work is put on issues of the capital market regarding public and private law. We advise and represent banks, insurance companies and other financial service providers in all aspects of their activities and in all corporate processes, in particular, in compliance matters and in matters relating to insider trading and the prevention of money laundering. This includes helping with the formation and obtaining the necessary licenses. We have in-depth experience in transactions involving investments in financial service companies.

Firm Overview:

Marxer & Partner – The Oldest and Largest Law Firm in the Principality of Liechtenstein

Founded in 1925, the law firm Marxer & Partner with thirteen partners, a permanent consultant, twelve legal staff, four of counsels and another approximately fifty professionals provides comprehensive legal advice and support in all areas of private law and public law, including tax and criminal law.