Arthur H. Lundberg is a member of the firm’s Transactions and Private Equity teams, and focuses primarily on acquisitions and dispositions of privately and publicly held companies. Prior to joining Baker Hostetler, Mr. Lundberg was a CPA and practiced as an accountant with Ernst & Young LLP in Cleveland.
Mr. Lundberg has significant experience in representing private equity funds in connection with their initial investment in portfolio companies, providing legal counsel to the funds’ portfolio companies in areas such as “add-on” or “bolt-on” acquisitions, divestitures, expansion of presence into international markets and advising the boards. Mr. Lundberg is familiar with structuring and negotiating a variety of arrangements used by private equity funds, including controlled and non-controlled equity investments, different uses of tiered-debt financing and various equity incentives to align management’s interests with the private equity fund. Mr. Lundberg has also represented management in connection with its investment in a portfolio company and the interests of shareholders of companies being acquired by a private equity fund.
Mr. Lundberg has serviced S&P 500 public companies on proposed public-to-public acquisitions. He has experience with “going-private” transactions and representing special committees and maintains a core knowledge of the ’33 and ’34 Acts.
Mr. Lundberg advises clients with respect to the use and structure of joint ventures for both private and public companies. He has actively overseen the formation, structuring, negotiation, termination or ongoing legal representation of a foreign joint venture in Mexico, Brazil, Germany and Australia. Mr. Lundberg also works closely with his tax department and local or affiliated foreign counsel to structure cross-border investments by U.S. entities to minimize the global tax consequences and limitations on the repatriation of funds.
Mr. Lundberg regularly updates his understanding of financial and accounting principles, and uses that supplemental knowledge base in connection with structuring and negotiating purchase price adjustments and investments in other entities, assisting clients in the resolution of accounting issues with auditors, evaluating the benefits and risks of leveraging an investment and gaining an understanding of the driving pricing metrics of a proposed transaction (e.g., EBITDA, EBIT, EPS).
Mr. Lundberg also provides regular ongoing counsel to a leading supplier of timing systems to the OEM automotive market and aftermarket parts and is familiar with the challenges of Tier 1 and Tier 2 auto suppliers to the OEM automotive market. In addition, he counsels a regional public accounting firm in connection with a number of legal issues that arise from being part of an “alternative practice structure.”
Mr. Lundberg is a member of the American and Ohio Bar Associations.