Partner, Securities & Corporate Governance
Brink is a leading securities and transactional attorney. His securities practice focuses on the routine periodic disclosure obligations of public companies, and his clients include:
- AGCO Corporation, a leading manufacturer of farm equipment including Massey Ferguson tractors
- Arris Group, Inc., the leading provider of “last mile” equipment for hybrid fiber-coaxial broadband technology
- Zale Corporation, a retail jeweler operating under the brands Zales, Gordon's and Peoples
- CompuCredit Corporation, a sub-prime credit card company
- American Safety Insurance Group, Ltd., a diversified insurance company
- Schweitzer-Mauduit International, Inc., a manufacturer of specialty paper
- Belden Inc., a manufacturer of wire and other signal transmission products
- US 1 Industries, a trucking company
Brink also advises a number of other publicly traded companies, including Southern Company, on a more occasional basis, and he regularly advises e-commerce and other start-ups with respect to venture capital and other financing issues.
Brink has a significant practice counseling companies (including their audit committees) that are subject to SEC investigations of accounting and other issues and are exposed to potential re-audits and restatements.
In the mergers and acquisitions area, Brink has been responsible for over 100 transactions, including five tender offers and acquisitions in over twenty different industries (and often the related equity and commercial financings). Several of these transactions involved the purchase of foreign businesses or had other international components, most often in the European Community.
Representative M&A Experience
The acquisition by AGCO of Ag-Chem, the Challenger division of Caterpillar, the Sunflower division of SPX, and Valtra.
The acquisition by ARRIS of a division of Nortel, TSX, Cadant, C-COR and Digeo.
The acquisition of Beverly Enterprises, a national chain of nursing homes.
The combination of Illinova Corporation and Dynegy, Inc. in one of the largest utility transactions ever
The sale of Allied Van Lines to National Freight Consortium P.L.C.
The merger of two alternate long distance carriers
A series of acquisitions of cable and wire distributors for Anixter Inc.
The divestiture of several Borg-Warner subsidiaries
The sale of several second generation family owned businesses including an electric motor manufacturer, the largest independent medical malpractice insurer, and the largest manufacturer of hearing aids
Two tender offer acquisitions for Laidlaw, a tender offer for a steel tube manufacturer and two tender offers for consumer products companies
Several acquisitions of consumer products manufacturers for Newell Rubbermaid
Fourteen acquisitions of industrial products manufacturers for privately held Tuthill Corporation
Several leveraged buy-outs, including Wickes Lumber Company
Presentations and Speaking Engagements
Brink has spoken at over 100 seminars for the SEC Institute, Georgia Institute for Continuing Leal Education, and other bar and educational groups, most often with regard to basic securities disclosure, ethics and corporate governance matters, but occasionally with respect to mergers and acquisitions. Since 1997 he has co-chaired a series of over 40 seminars for the SEC Institute throughout the United States entitled “Staying Out of Trouble . . . With the SEC.” Annually he speaks on securities law disclosure at PricewaterhouseCoopers’ annual seminar for accountants in Atlanta.
Publications
Wit Capital Brings Order to the Internet, 3 wallstreetlawyer.com 8, September 1999
Up Against the Bulk Sales Act, 22 UCC L.J. 344 (1991)
Three Contrarian Views: No Disclosure Committee, No Backup Certificates, and No Meeting Notes, 6 WallStreetLawyer 7, December 2002
Disclosure Controls and Procedures, 6 WallStreetLawyer 10, October 2002
Brink has authored, co-authored or edited over twenty Sarbanes-Oxley Act related articles and memorandum
Civic Activities
Member of the Board of Advisors, SEC Institute
Member of the Board of Advisors, corporatecounsel.net
Director and Treasurer of the American Friends of Versailles
Director of Chastain Park Civic Association
Chairman of Atlanta Neighborhood Planning Unit A (Buckhead)