Raising Capital With a New Asset Class: Leveraging the Inherent Value of a Business's Data to Secure Financing

As a member of the Financing and Restructuring Group, Mr. Kirsch’s practice focuses on the representation of leading commercial and investment banks and alternative lenders in large cap and middle market leveraged finance transactions. His broad-based domestic and international finance experience includes widely syndicated and bilateral credit facilities, acquisition financings, and asset-based facilities. Mr. Kirsch advises clients throughout the deal cycle, from commitment letters to execution, and from refinancings to restructurings. He also has significant experience with secured and unsecured registered offerings and private placements of debt, equity, and convertible securities, representing both underwriters and issuers. Mr. Kirsch practices across a variety of industries, including software and technology, energy, gaming, healthcare, and life sciences, with extensive experience negotiating credit and security documentation.

Mr. Charfoos is an accomplished cybersecurity, privacy, class action and data protection trial lawyer. He litigated his first privacy case in 2010, building on a decade of experience in patent and technology cases. Since then, he has litigated a variety of data breach and trade secret theft cases. He has also guided clients through numerous data breaches and defended clients in regulatory investigations brought by various U.S. and international regulatory bodies. Mr. Charfoos is particularly skilled in guiding clients through cybersecurity vulnerability disclosures, including the Meltdown and Spectre computer chip vulnerabilities, supply chain interdictions, and various other matters, some of which have involved both congressional and regulatory investigations.

Ms. Granger advises banks, private credit funds and other loan market participants on transactions across the capital structure. She has represented banks, private credit funds, sponsors and borrowers in syndicated financings, club deals, unitranche financings, high yield offerings and other debt issuances, equity offerings and investments, including in connection with leveraged buyouts, recapitalizations, restructurings and structured credit transactions across many industries. Ms. Granger creates bespoke market and transactional analysis for clients on strategic and structuring matters in finance transactions. She develops proprietary loan market data analytics, leveraging artificial intelligence, machine learning and other technology-enabled solutions, including the Global Finance practice’s award-winning PH Market Scorecard, an interactive data analytics platform.