Matthew S. Lovell, P.C.
Overview
Matt Lovell is a partner in Kirkland’s Technology & IP Transactions group, serving as lead counsel on transactions of various types where technology assets or aspects are core deal drivers.
Matt’s over two-decade legal career has overlapped with a significant period of technological innovation, which has been accompanied by corresponding changes to the law, introduction of new deal types and opportunities, and increasing importance of technology and intangible assets to deals of all types, including the emergence and prominence of artificial intelligence. He has worked on transformative deals in a variety of industries and across a variety of deal types, including hundreds of tech-focused M&A deals, over a hundred carveout transactions in a variety of industries, and numerous license transactions, joint ventures and strategic alliances, and outsourcing and IT services engagements. In addition, Matt takes a leading technology and IP role on restructurings, bankruptcies, and third-party financing and direct lending transactions.
Matt is often called into situations where innovative thinking and alternatives are required, combining knowledge and experience across a wide range of technology and deal types to offer creative yet commercial counseling and deal structuring, negotiation, and execution. In addition to focusing on technology aspects of M&A deals and working on licensing and other tech-focused transactions, Matt also leads teams from the Technology & IP Transactions group in handling separation aspects of carveout transactions, including transition services agreements, license agreements, supply agreements, and other commercial arrangements.
Matt was recognized by The Legal 500 United States 2021–2024 in the area of “Technology: Transactions.”
Experience
Representative Matters
Matt’s broad experience across various deal types spans a range of industries and technology areas, including:
Data Centers & Digital Infrastructure
- IBM (NYSE: IBM) on a letter of intent with the U.S. Department of Commerce (DoC) to build Anderon, a new IBM company that will be America’s first pure-play quantum chip foundry, securing the nation’s global quantum leadership and fueling the country’s growing quantum ecosystem
- A consortium including AIP, MGX and BlackRock’s Global Infrastructure Partners (GIP) in its $40 billion acquisition of Aligned Data Centers, a provider of sustainable, ultra-efficient and highly adaptive data center infrastructure designed to power AI innovation at scale, from private infrastructure funds managed by Macquarie Asset Management and its co-invest partners
- KKR & Co. (NYSE: KKR), a publicly-traded alternative investment manager, in its acquisition of CyrusOne, a leading global data center company, with Global Infrastructure Partners in a take-private transaction
- CyrusOne in its $1.2 billion data center project with Calpine LLC in Bosque County, Texas
- CyrusOne in its joint venture with KEPCO to develop data center projects in Japan
- Coreweave (Nasdaq: CRWV) in various financing and services agreements for data center projects throughout the United States
- AitrTrunk, a Blackstone portfolio company and leading data center platform in the Asia Pacific region, in its strategic partnership with HUMAIN, the global AI and data center company owned by Saudi Arabia’s PIF, to build and operate data center projects in the Kingdom of Saudi Arabia
- KKR in its investment in certain operating data centers and future assets of Compass Data Centers
- GLP in its establishment of its Ada Infrastructure data center platform and certain operating and commercial agreements relating to the same
- King Street Capital Management, a private investment firm, in its acquisition of a majority stake in Colovore, a liquid-cooled AI data center operator
- Various data center owners and operators in negotiating and entering into transactions relating to joint ventures, customer/tenant agreements, intellectual property holding company and intercompany licensing structures, and financings
Artificial Intelligence
- Zendesk, a portfolio company of Hellman & Friedman and Permira, in its acquisition of Forethought, a provider of AI-driven software tools that integrate with customer relationship management software
- CCC Intelligent Solutions (Nasdaq: CCC), a provider of a cloud-based platform connecting insurers, repairers, OEMs, and part suppliers in the collision repair ecosystem, in its $730 million acquisition of EvolutionIQ, a leading AI guidance platform for disability and injury claims management
- Multiple clients (including private equity firms and their portfolio companies) in enterprise licenses/services agreements with leading AI providers and counseling with respect to AI usage policies/practices and legal and operational considerations
Life Sciences
- The Carlyle Group (Nasdaq: CG), a multinational, multi-strategy alternative investment manager, in its $3.8 billion acquisition of the kidney care segment of Baxter International Inc. (NYSE: BAX) to form Vantive, a leading provider of kidney therapies, digital solutions, and advanced services
- GSK plc (NYSE: GSK), a multinational pharmaceutical and biotechnology company, in its acquisition of the consumer healthcare business of Pfizer, including numerous licensing and services agreements
- GTCR, a private equity firm, in its:
- formation of Maravai Life Sciences, multiple add-on transactions for Maravai, multiple licensing transactions for Maravai, and the eventual initial public offering of Maravai
- acquisition of Albany Molecular Research (AMRI), a contract research, development, and manufacturing organization, with The Carlyle Group in a take-private transaction
Software, Hardware & Services
- Welsh, Carson, Anderson, and Stowe, a private equity firm focusing on investments in the technology and healthcare spaces, in its acquisition of a majority stake in EquiLend, a global technology, data, and analytics company for the securities finance industry, from EquiLend’s founding banks and broker-dealers
- The Blackstone Group (NYSE: BX), a publicly-traded alternative asset manager, in its acquisition of Alight Solutions, a provider of HR software solutions and services, from Aon, and Alight in multiple subsequent add-on transactions and eventual public listing through merger with a SPAC
- Thoma Bravo, a private equity firm focused on enterprise software companies, in its acquisition of JD Power, a software and data provider to the automotive industry, and multiple add-on transactions
- Apax Partners, a multi-strategy private equity firm, in its acquisition and subsequent sales of Epicor, an ERP software company, and Boats Group, a leading online marketplace for boat sales by owner and sales and listing services for marinas
- ABRY Partners, a private equity firm focused on investments in business and information services, media, and communications, in its acquisitions of Centauri Health Solutions (technology-enabled analytics and services for healthcare reimbursement), Donuts (domain name registry and related services), Options Technology (IT services and solutions for the trading and financial services sectors), and Millennium Trust Company (retirement and institutional custody services)
- Intelsat, a multinational satellite services provider, in its acquisition of the commercial aviation business (inflight connectivity) of Gogo Inc.
- Numerous customers and service providers in business process outsourcing and IT licensing and services engagements
Consumer & Retail
- 26North Partners, a multi-strategy private equity firm, in its acquisition of the residential business of kitchen and foodservice equipment and supply company Middleby Corporation (Nasdaq: MIDD)
- Sycamore Partners, a consumer- and retail-focused private equity firm, in its acquisitions of Belk (department stores), Pure Fishing (fishing and outdoor equipment/goods), NBG Home (home goods), Lowe’s Canada (hardware), Chateau Ste. Michelle (wines), and other businesses, as well as licensing and services agreements for portfolio companies including Talbots, Hot Topic, Torrid, and Staples
- L Catterton, a private equity investor in the consumer brand space, in its acquisition of the Cholula hot sauce business from the parent company of Jose Cuervo and the subsequent sale of Cholula to McCormick & Company, and in its acquisitions of, or investments in, West Marine (boating/marine supplies), Just Food For Dogs (natural dog foods), Boll & Branch (linens and home goods), The Honest Company (natural personal care and baby care items), and iFit (health and fitness)
Energy, Industrials & Infrastructure
- Arclin, a portfolio company of private equity firm TJC, in the $1.8 billion acquisition of DuPont’s aramids business, including the Kevlar and Nomex product lines and brands, including the Viking range and oven business
- Gemspring, a multi-strategy private equity firm, in its acquisition of the synthetic rubber production business of Goodyear Tire and Rubber Co (Nasdaq: GT) and entry into a long-term supply agreement with Goodyear
- Bluebird Fiber, a portfolio company of Macquarie Asset Management, in its acquisition of the assets of Midwest fiber provider Everstream
- LyondellBasell Industries (NYSE: LYB), a leading multinational chemicals company, in its acquisition of a 50% stake in chemical processing assets in Lake Charles, LA from Sasol Ltd. And associated licensing transactions
- Madison Dearborn Partners, a multi-strategy private equity firm, in its acquisition of IPL Plastics, a manufacturer of specialty rigid plastic packaging to food and consumer markets
Green Industries
- AEA-Bridges Impact Corp. (NYSE: IMPX), a publicly-traded special purpose acquisition company, in its acquisition of a minority interest in Harley-Davidson’s LiveWire electric motorcycles business
- Kimmeridge, an alternative asset manager, in its formation of Chestnut Carbon and acquisition of Forest Carbon Works, a developer of forest carbon offsets on small and family landowners
- Elevance Renewable Sciences in the formation of multiple joint ventures and licensing arrangements for the production of high-performance chemicals from plant-based oils
- Multiple clients in acquisitions of solar and other renewable energy generation assets and/or infrastructure
Media & Entertainment
- Nexstar (Nasdaq: NXST), a publicly-traded U.S. media company, in its:
- $6.2 billion acquisition of broadcaster TEGNA Inc.
- acquisition of a 75% ownership interest in The CW Network from Warner Bros. Discovery and Paramount Global
- acquisition of The Hill, a leading independent political digital media platform
- ABRY Partners in its acquisition of Best Lawyers, an attorney advertising and referral service provider, from Levin Leichtman
Hospitality
- Multiple hotel owners in management services agreements and licensing arrangements with hotel brands/managers
- Cruise line in a license transaction for theme cruises provided under a prominent celebrity/life-style brand
- Tropicana and Caesars casino/hotels restructurings; sale of Atlantis and One & Only resorts to creditors
More
Thought Leadership
Speaking Engagements
Trends and Developments in Technology Transactions; Kirkland & Ellis LLP 22nd Annual Technology & Law Seminar, May 2015
Troubled Relationships and Distressed Counterparties: Contracting to Avoid Issues and Addressing Issues that Arise; Association of Corporate Counsel, Chicago Chapter, December 2009
Developing and Negotiating the Contract for an Outsourcing Agreement; International Association of Outsourcing Professionals, Certified Outsourcing Professional Master Class, May 2009
IP and Technology Transactions in the Current Economic Environment; Kirkland & Ellis LLP 16th Annual Technology & Law Seminar, May 2009
Strategic Alliances: Opportunities and Issues in the Current Economic Climate; Association of Corporate Counsel, Chicago Chapter, December 2008
Negotiating Brand-Related Agreements; Kirkland & Ellis LLP Advertising and Trademark Seminar, July 2008
Supply Chain Management; Kirkland & Ellis LLP Outsourcing Seminar, June 2008
The State of the IP Deal: Recent Developments Shaping the Negotiating Table; Kirkland & Ellis LLP 15th Annual Technology & Law Seminar, May 2008
The Key Elements of the Outsourcing Contract; International Association of Outsourcing Professionals, Chicago Chapter, April 2008
Transformational Outsourcing and the Outsourcing Agreement: Issues, Risks and Strategies; Association of Corporate Counsel, Chicago Chapter, October 2007
Recognition
Memberships & Affiliations
Credentials
Admissions & Qualifications
- 2002Illinois
Education
- Harvard Law SchoolJ.D.magna cum laude2002
- Wheaton CollegeB.A., Political Sciencemagna cum laude1998