Rosalind Fahey Kruse
Partner, Corporate & Financial Services
Rosalind Fahey Kruse is a partner in the Corporate & Financial Services Department, Managing Partner of the New York office and a member of the firm's Executive Committee. She focuses on mergers and acquisitions involving public and private companies, private equity transactions, debt and equity financings, and general corporate and securities law matters. Ms. Kruse regularly advises private equity sponsors, boards of directors and senior management on strategic and governance matters.
In 2020, Ms. Kruse was awarded the "Thought Leadership Award" by Corporate Counsel magazine at the Women, Influence & Power in Law awards, honoring top women lawyers who have made a remarkable difference in the legal profession. She was also named to the 2021 "Notable Women in Law" list by Crain's New York Business, honoring talented attorneys for their achievements in the law, professional leadership and philanthropic activities, and named to The Deal's 2021 Top Women in Dealmaking list. Additionally, The Legal 500 US has recognized Ms. Kruse as a Key Lawyer for both M&A: Large Deals ($1BN+) and Private Equity Buyouts.
Private Equity and M&A
Ms. Kruse represents private equity firms and their portfolio companies in a wide range of merger and acquisitions transactions, including purchases and sales of companies and assets, minority and majority equity investments and financing transactions. She also advises private equity firms and their portfolio companies regularly on shareholder, management incentive and governance matters. In addition, she represents public and private companies in a variety of merger and acquisitions transactions and corporate control contests. Her practice covers companies and investments in a variety of industries domestically and internationally, with a focus on technology and software, financial and loan assets and servicing.
Experience
Ms. Kruse serves on the Women in Law Empowerment Forum (WILEF) Global Advisory Board. She is also a member of the Association of the Bar of the City of New York and currently serves on its Corporation Law Committee. Previously she served on its Committee on Securities Regulation. Additionally, Ms. Kruse has served on the Harvard Law School Reunion Gift Committee and the Dartmouth College Reunion Committee, and is an active member of several committees for local community and school organizations.
- Centerbridge Partners and its affiliates in their:
- combination of portfolio company Fairstone Bank of Canada with Home Trust Company
- acquisition of Superior Vision Corporation, a leader in managed vision care, from Nautic Partners and its acquisition of a majority stake in Davis Vision, from Highmark Health, to form Versant Health, and subsequently in its $1.675 billion sale to MetLife
- investment in Highmark Health’s vision retail subsidiary, Visionworks, and subsequently in its sale to VSP Global
- acquisition of a controlling stake in Title Resources Guaranty Company, as part of a strategic agreement to form a title insurance underwriter joint venture with Realogy and subsequently in an investment by HomeServices of America
- investment in, and the subsequent $2.475 billion sale of, DentaQuest, an oral health care company to Sun Life
- acquisition of Cascade Financial Services, a leading lender to buyers of manufactured homes
- acquisition of the resort finance business of GMAC Commercial Finance LLC, a subsidiary of Ally Financial Inc. and the subsequent representation of Resort Finance America, LLC as lender
- sale of GreenTree Credit Solutions, LLC, in its approximately $1 billion acquisition by Walter Investment Management Corp.
- corporate aspects of the out-of-court restructuring and $3 billion refinancing of international resort operator Kerzner International, which was recognized as a Large Market Atlas Turnaround
- The Capstreet Group and its affiliates in their:
- acquisition of Analytic Stress Relieving, Inc., a provider of on-site heat-treating services for industrial clients
- acquisition by TradePending of Fixed Ops Digital, LLC, a marketing and technology company supporting automotive dealerships' fixed operations departments
- acquisition by TradePending of SnapCell, Inc., a provider of interactive video, email and text messaging marketing solutions to automobile and specialty dealerships
- sale of Onpoint Industrial Services, a provider of safety and logistics services in refining and petrochemical industries, to MML Capital (Finalist for “Industrial Services – Private Equity Deal of Year,” ACG Houston Awards 2022)
- sale of Thorpe, a maintenance and engineering services provider in petrochemical and industrial markets, to KLH Capital (Finalist for “Private Equity Deal of Year ($75MM - $100MM)” and “Energy Deal of Year ($10MM - $100MM),” The M&A Advisor Awards 2023; Finalist for “Industrial Services – Private Equity Deal of Year,” ACG Houston Awards 2022)
- sale of growth investment in PCS Software, a leading transportation management platform provider, to LLR Partners (Finalist for “Private Equity Deal of Year ($100MM - $250MM),” “Industrials Deal of the Year ($100MM - $250MM)” and “Information Technology Deal of Year (Over $100MM),” The M&A Advisor Awards 2023; Finalist for “Technology & Business Services Deal of Year,” ACG Houston Awards 2022)
- sale of The Eads Company, a distributor of flow control products in petrochemical, refining and industrial markets, to FCX Performance
- majority recapitalizations of software providers TradePending Holdings, Incentive Solutions, WIN IOT Holdings, and hh2 Cloud Services and in various subsequent add-on acquisitions
- majority recapitalization of The Colt Group Holdings, a provider of industrial leak repair solutions
- investment in General LED, Inc. and subsequent acquisition of Acolyte, lighting solutions providers
- merger of T.F. Hudgins Inc. with Allied Reliability, Inc., each providers of engineered products and services for manufacturing, and its subsequent sale to Shell USA Inc. (Finalist for “Industrial Services – Corporate Strategic Acquisition Deal of Year,” ACG Houston Awards 2022)
- Insight Partners and its affiliates in their:
- investment in Checkmarx an application security company, and its subsequent sale for $1.15 billion,
- as co-lead investor in the $500 million Series E investment in Nuvemshop, Latin America's leading e-commerce platform
- acquisition of Keyfactor, and in its subsequent merger with PrimeKey and minority investment from Sixth Street Growth
- acquisition of TriTech Software, a leading public safety software developer, and in its subsequent recapitalization by Bain Capital
- acquisitions of, dispositions of, or investments in, software providers New Relic, Digital Room, Yext, Despegar.com, Campaign Monitor, Hootsuite, Wishabi, DaWanda GmbH, Acronis, Elo 7, Dealfind, Metalogix, Hotel Urbano S.A., Syncsort, HoundDog Technology Ltd., Six Waves, Mentez, Katharion among others
- investment in Folhamatic Group, a Brazil-based tax and accounting software company, and in its subsequent sale to Sage Group plc
- Pearl Therapeutics in its $1.15 billion sale to AstraZeneca
- Istithmar World, an investment arm of the government of Dubai, on corporate aspects of the out-of-court restructuring of Barneys New York which was recognized as an Upper Middle Market Atlas Turnaround
- Finance of America in its acquisition of a minority stake in FarmOp Capital, a specialty farm finance company
- Transaction Committee of the Excel Board of Directors in sale of 34 vessels to Star Bulk Carriers for $288 million and 29.9 million shares of Star bulk Carriers stock, valued in the aggregate at $634.91 million
- Morgan Stanley in its sale of its mortgage servicing business, Saxon, to Ocwen Financial Corporation for a base purchase price plus approximately $1.2 billion for servicing advance receivables outstanding
- Rockefeller Financial Services forming Rockefeller Capital Management, a Viking Global Investors backed financial services firm
- Green Tree Servicing LLC in a number of acquisition transactions and financings, including its acquisition of mortgage servicing rights and certain servicing assets of Bank of America, EverBank, Origen Financial, Inc., Irwin Financial Corporation and others
- Shurgard Storage Centers in its $5 billion acquisition by Public Storage
- An investment group consisting of Fortress Investment Group LLC, J.C. Flowers & Co. LLC and Cerberus Capital Management, L.P. in its acquisition of assets from Conseco Finance Corp. for approximately $1.1 billion in a transaction under Section 363 of the Bankruptcy Code
- Matlin Patterson Global Advisers, LLC in its $475 million acquisition of the Southeast generation portfolio of Duke Energy Corporation
- MidAmerican Energy Holdings Company in a number of merger and acquisition and financing transactions, including: its $960 million acquisition of Kern River Gas Transmission Company, its $2 billion acquisition of Northern Natural Gas Company, its going-private tender offer of HomeServices.Com, Inc.
- An investment group, including Berkshire Hathaway, Inc., in the MidAmerican Energy Holdings Company going-private transaction
- Title Resources Group (TRG) in its take-private acquisition of real estate technology company Doma Holdings
Credentials
Education
Harvard Law School, J.D., 1995 Dartmouth College, A.B., 1992