Damon R. Fisher, P.C.
Overview
Damon Fisher is a partner in Kirkland’s Los Angeles corporate group. His practice focuses on mergers and acquisitions, leveraged buyouts and equity financings. He also counsels clients with respect to executive compensation, corporate governance and other corporate matters. A significant portion of Damon’s practice involves the representation of private equity funds and their portfolio companies. Damon also has extensive experience advising on business combination transactions involving special-purpose acquisition companies (SPACs).
Damon has served as lead counsel in transactions involving a variety of industries, including manufacturing, technology, apparel, consumer products, business services, health care, construction, food and beverage, restaurants, sports, entertainment, media and gaming. He has represented, among others, Aurora Capital Group, Brentwood Associates, Eldridge Industries, Fortress Investment Group, Lion Capital, Media Rights Capital, Oaktree Capital Management, Shamrock Capital Advisors, and Vicente Capital.
Damon has been recognized by Chambers USA: America’s Leading Lawyers for Business every year since 2014 in the area of Corporate/M&A: Private Equity. In the 2022 edition of Chambers, a client reported that “In situations involving challenging counterparties, I have found him to be exceptionally skilled at achieving his client's objectives." In the 2021 edition of Chambers, commenters said that Damon "possesses deep knowledge of private equity transactions, in addition to ancillary expertise in corporate governance matters.“ According to the 2019 edition of Chambers, a client reported that Damon is “one of the most commercial and talented lawyers I’ve worked with.” In the 2018 edition of Chambers, clients report that “Damon is very easy to work with, very detailed and very commercial in his approach.” According to the 2017 edition of Chambers, “Damon is lauded by clients for his insight into business practicalities”; “[b]eyond the legal expertise, he has superb business judgment and is able to read situations and pull from a diverse range of experiences to provide great advice and guidance.” In prior editions of Chambers, commenters said that Damon “does an excellent job identifying potential issues and communicating them in a clear fashion” and that they appreciate his ability to remain “super calm in the pocket of high-pressure transactions” while delivering “rock-solid business advice.” Chambers also previously noted that Damon is praised for his “client-focused” approach to transactions, with others commenting favorably on his negotiation skills, saying that “he is very good at being forceful on a point, and knowledgeable, without being contentious.”
Damon serves as a Co-Chair of the Los Angeles Office Operations Committee and also serves on numerous Firmwide committees.
Experience
Representative Matters
AECOM (NYSE: ACM), a fully integrated global infrastructure firm, in its $175 million acquisition of Shimmick Construction, a leader in the California and Western U.S. heavy civil construction market
Aurora Capital Group in its:
- minority equity investment in Pace, North America’s leading provider of analytical testing and related outsourced scientific solutions to the life sciences industry
- acquisition of Cold Chain Technologies, a leading global provider of thermal packaging solutions
- acquisition of SRP Companies, the leading outsourced full-service category manager of high-margin consumer products to the convenience store channel, from Seidler Equity Partners
- acquisition of Randall-Reilly, a provider of B2B data and data-driven marketing services, media and events for the trucking, construction, agriculture and other industrial sectors, from Investcorp
Brentwood Associates in its:
- acquisition of Excelligence Learning Corp., a developer, manufacturer, distributor, and multi-channel retailer of educational products
- acquisition of Zoës Kitchen, a national fast-casual restaurant chain specializing in Mediterranean cuisine, and in the subsequent IPO of Zoës
- acquisition of Paper Source, a premier paperie and online retailer, and in its subsequent sale to Investcorp
- acquisition of Theo Davies Food Service Group, owner and operator of Pizza Hut and Taco Bell restaurants in Hawaii, Guam, and Saipan regions, from Jardine Matheson Ltd
- acquisition of C.C. Filson, a privately owned outfitter and manufacturer of goods for outdoor enthusiasts
- formation of Array Marketing Group, Inc., a leading designer, manufacturer and distributor of custom merchandising systems and point-of-purchase displays, and its acquisitions of KCS Industries, Thomson Leeds, American Manufacturing and IDMD Manufacturing
- equity investment in Ariat International, a manufacturer of riding boots and other equipment and apparel intended for equestrians
- recapitalization of Zumiez, a provider of cutting edge clothing, footwear, accessories, DVDs, and hard goods for skate and snow for active lifestyles, and in the subsequent IPO of Zumiez
Caltius Equity Partners in its acquisition of Starpoint Health, Inc., a manager of outpatient surgery centers
The Carlyle Group in its:
- acquisition of Metaldyne, a global designer and supplier of metal-formed components and assemblies, pursuant to Section 363 of the Bankruptcy Code, for a credit bid of more than $425 million plus $39.5 million of cash, and in the subsequent sale of Metaldyne to American Securities
- joint venture with another private equity firm and that joint venture’s acquisition of subprime residential mortgages
Carmelina Capital Partners in its acquisition of Florachem Corporation, a leading manufacturer and supplier of citrus and pine derivatives for formulators of industrial products and aroma chemicals for flavors and fragrances
Chantecaille, a leading prestige beauty company, in its sale to Beiersdorf AG for more than $600 million
Fortress and its portfolio companies in numerous transactions, including:
- its equity arrangements in the $3.5 billion purchase of Accordia Golf, which operates 170 golf courses in Japan
- investment in GameCo, a producer of next-generation casino games
- its financing of the take-private of Perry Ellis International (NASDAQ: PERY)
- the sale of half the voting equity of United Pacific, a leading convenience store and gas station operator, and the acquisition by United Pacific in its acquisition of 95 gas stations and convenience stores from Platinum Energy; and
- the formation of a joint venture with Phillips 66, and the acquisition by that joint venture of Pester Marketing, d/b/a/ Alta Convenience.
GFI Energy Ventures in its acquisition of GT Solar (f/k/a GT Equipment Technologies, Inc.), a global leader in polysilicon reactors, converters, and multi-crystalline furnaces, which are essential for the production of solar cells and panels
The Gores Group in its $1.325 billion sale of Therakos, Inc., a leading immunotherapy company, to Mallinckrodt plc (NYSE: MNK)
Horizon Acquisition Corporation (NYSE: HZAC) in its $2 billion business combination with Vivid Seats, a leading concert, sports and theater ticket marketplace
Juicy Couture, Inc., a contemporary casual wear and dress clothing seller, in its sale to Liz Claiborne, Inc. (NYSE: LIZ)
Leo Holdings Corp. (NYSE: LHC) in its $757 million business combination with Digital Media Solutions, a leading provider of technology and digital performance marketing solutions
Leo Holdings III Corp. (NYSE: LIII) in its $1.1 billion business combination with Local Bounti, an indoor agriculture company
Lincolnshire Management in its acquisition of PADI, a SCUBA diving training and certification company, from Seidler Equity Partners
Lion Capital in its:
- equity investment in GFG, a brand acquisition and management firm specializing in retail franchising
- equity investment in Snapcommerce, a message-driven mobile commerce platform that connects consumers to promotions on mobile
- equity investment in REX, a real estate technology company
- sale of Perricone MD, a beauty and skincare brand, to The Hut Group (LSE: THG)
- acquisition of Paige, a premium denim and apparel company, from TSG Consumer Partners
- acquisition of Lenny & Larry’s, a leading brand of protein-enhanced cookies, brownies and muffins
- acquisition of Buscemi, a global luxury sneaker brand
- equity investment in Alex and Ani, a fashion, jewelry and lifestyle brand
Media Rights Capital, an independent film and television studio, or its co-founders, in:
- the creation of Valence Media, a diversified media company (with an enterprise value approaching $3 billion) with divisions or investments in premium television, wide release film, specialty film, live entertainment and digital media, through a combination of Billboard-Hollywood Reporter Media Group, dick clark productions and MRC
- acquisition of the music-industry data, software and analytics business of Nielsen Holdings
- acquisition of Zig, a start-up news app
- equity investment in Sugar23, a television and film production company
- investment in Fulwell 73, a British production company
- a transaction in which a private investor group, formed in conjunction with Guggenheim Partners, acquired an equity interest in Media Rights Capital
- an equity investment by ABRY Partners
- a recapitalization transaction with Goldman Sachs, AT&T and WPP Group
Oaktree Capital Management in:
- the roll-up of numerous limited partnerships and the subsequent initial public offering of the parent company, General Maritime Corporation, a leading provider of international seaborne crude oil transportation services (NYSE: GMR)
- the acquisition of Excelsior Radio Networks, an American mass media company, by Triton Media Group, an Oaktree portfolio company
- its $400 million cross-border acquisition of a shipping business from a subsidiary of The China National Cereals Oil and Foodstuffs Corp.
- its formation of, and $500 million commitment to, Jackson Square Aviation, a full-service aircraft leasing company, and the subsequent $1.3 billion sale of Jackson Square Aviation to Mitsubishi UFJ Lease and Finance Company Limited (Tokyo: 8593)
- its formation and capitalization of Maritime Equity Partners, a shipping company
- several minority equity investments by Oaktree in connection with debt financings, including SIGA Technologies, a company specializing in the development and commercialization of solutions for serious unmet medical needs and biothreats, Sterling Construction Company, a leading heavy civil construction company, Omniflight, a leader in air medical services and support, Towne Air, a full service East Coast and Midwest transportation company, Hallmark Entertainment, an American producer of television movies and miniseries, and Truckpro, an independent distributor of heavy duty aftermarket truck parts and accessories
- its $1.13 billion acquisition, via a plan of reorganization under Chapter 11 of the Bankruptcy Code, of General Maritime Corporation, a leading provider of international seaborne crude oil transportation services (NYSE: GMR)
- the recapitalization of Nautic Global Group, one of the largest boat manufacturers in the United States, by Oaktree and Silver Point
- its equity investments in reinsurance vehicles sponsored by Lancashire Group
Oversee.net in its acquisition of Moniker, an international domain name registrar
Power Systems Mfg., a subsidiary of Calpine, and provider of aftermarket gas turbine components, parts reconditioning services and long term agreements, in its $242 million sale to Alstom pursuant to Section 363 of the Bankruptcy Code
Platinum Equity’s portfolio company, American Racing Equipment, in its acquisition of Weld Wheel, a designer, manufacturer, and distributer of performance wheels, pursuant to Section 363 of the Bankruptcy Code
Plum Healthcare Group, California’s second largest skilled nursing operator, in connection with a minority investment from a private equity fund, and in the subsequent sale of the company to Providence Group
Shamrock Capital Advisors in its:
- acquisition of Silvergate Media, a global TV production and licensing company focused on pre-school children’s entertainment
- acquisition of Recorded Books, the largest independent publisher of audiobooks and provider of digital media to consumer retail, professional, school, library and infotainment markets in the United States
- acquisition of Questex, a leading global business information and events company, and the subsequent sale of Questex to MidOcean Partners
- acquisition of Giant Creative Strategy, specialists in positioning, branding, and strategic and creative development for health care brands, and the subsequent sale of Giant to Huntsworth plc
- acquisition of Learfield Sports, a manager of collegiate athletic multimedia rights, and the subsequent sale of Learfield to Providence Equity Partners
- equity investment in Mojiva, a developer of mobile advertising campaigns and strategies for agencies, brand advertisers and publishers, and the subsequent sale of Mojiva’s Mocean Mobile division to PubMatic
- equity investment in T3Media (f/k/a Thought Equity Motion), a provider of cloud-based storage, access, and licensing for enterprise-scale video libraries
- recapitalization of Publishing Group of America, a provider of print, digital and event publishing platforms
- sale of Harlem Globetrotters International, an exhibition basketball team that combines athleticism, theater, and comedy, to Herschend Family Entertainment
- sale of Media Storm, a strategic media and marketing agency, to TZP Group
Shopzilla, Inc., an operator of shopping web sites with price comparison services (f/k/a BizRate), in its $525 million sale to The E.W. Scripps Company (NYSE: SSP)
TCW / Crescent Mezzanine in several minority equity investments in connection with mezzanine loans, including:
- TPG’s $5.2 billion take-private of IMS Health, a provider of information, services and technology for the health care industry (NYSE: RX)
- TPG’s $1.3 billion acquisition of American Tire Distributors, America’s largest tire distributor and provider of programs and services to tire manufacturers
- Leonard Green’s $1.6 billion take-private of Jo-Ann Stores, a specialty retailer of crafts and fabrics (NYSE: JAS)
Vicente Capital Partners in its:
- acquisition of iBwave Solutions, a provider that develops solutions for the in-building wireless industry, and the subsequent sale of iBwave to Corning, Inc. (NYSE: GLW)
- acquisition of VXi, a leading headset manufacturer for contact centers and offices, and the subsequent sale of VXi to GN Audio (GN: CO)
Prior Experience
Skadden, Arps, Slate, Meagher & Flom LLP, Feb. 1997–July 2005
Perkins Coie, Nov. 1995–Feb. 1997
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Memberships & Affiliations
Children’s Bureau, Board of Trustees
Marymount High School, Board of Trustees
Credentials
Admissions & Qualifications
- California
Education
- Loyola Law School, Los AngelesJ.D.
- University of California, San DiegoB.A., Political Science