Arthur Howard has a diverse background, blending his experience in business management and law with organizations ranging from start-up ventures to industry leaders, including businesses in highly regulated industries. His practice emphasis has been on business transactions, advisory services, corporate governance, securities, finance, mergers and acquisitions. He has also served as chief executive officer, president, chief operating officer, general counsel and a director in the manufacturing, construction, investment advisory, pension consulting and financial services industries. Mr. Howard has served as a member of and advisor to governing boards and executive management on day-to-day management issues, strategic development, structuring routine business transactions and complex mergers and acquisitions, banking, finance, securities offerings and compliance, joint ventures and real estate transactions in domestic and international transactions. Mr. Howard has represented entrepreneurs starting their first business, as well as large-scale holding companies with well-established global business activities, in matters valued from $20,000 to $2,000,000,000, including:
- Turnaround and management-led corporate restructurings.
- Advice and guidance to companies, executives and boards of directors in connection with crisis management.
- Strategic counsel in connection with crisis prevention and risk containment.
- Multiple transactions related to the sale, financing and construction of golf courses.
- Advising multiple companies in connection with post-acquisition integration plans.
- Representation of retail businesses with activities and properties throughout the nation.
- Organization, financing and operation of an entertainment facility and concert promoter.
- Development of companies involved with feature film production and distribution.
- Design and development of planned IMAX complex in Puerto Rico.
- Expansion of global energy, petrochemical and commodities trading companies.
- Delivery of legal opinions on energy, pipeline and financing transactions.
- Syndication of collateralized debt instruments, credit facilities and rate swap agreements.
- Management-led LBO of pipeline heat-tracing company.
- Consolidating IPO of nationwide light industrial staffing companies.
- Merging of podiatry practice management companies.
- Growth of an engineering and construction company.
- Divestiture of a clean room design and manufacturing company.
- Acquisition of a shipyard management and construction company.
- Reorganization of an information technology staffing company.
- Development of intellectual property and negotiation of licensing transactions.
- Management-led reorganizations and stockholder disputes.
- Multiple real estate acquisition, development and leasing transactions.
- Myriad business transactions and contract negotiations.
- Raising capital through private placements for securities in privately-held businesses.
- SEC and state securities board investigations and enforcement matters.
- Lead counsel for companies and individuals involved in family business disputes.
- Negotiation of technology and software license agreements.
- Lead Negotiator on transactions involving the sale of commercial insurance businesses to a leading financial institution.
- Lead counsel for projects involving hostile changes in management.
- Lead counsel on internal investigation and forensic financial review for retail product design and manufacturing company.
Publications and Speaking Engagements
- Author, "Software Licenses: Permission vs. Forgiveness and the Law of Unintended Consequences," Haynes and Boone Alert, October 2009.
- Co-Author, "Negotiating and Drafting Indemnification Provisions," Corporate Counsel, Texas Bar Journal, September 2008.
- Co-Author and Speaker, "Negotiating and Drafting Indemnification Provisions," Advanced In-House Counsel Course, Texas Bar CLE, July 2008.
- Faculty, State Bar of Texas, 7th Annual Advanced In-House Counsel Course, July 2008.
- Panelist, "Top 10 Mistakes Young Companies Make" at Envision 08 - Center for New Ventures & Entrepreneurship Conference, San Antonio, Texas, April 2008.
- Author, "Keeping it Within the (Corporate) Family: Limitations on the Attorney-Client Privilege Among Parent/Subsidiary Organizations," Haynes and Boone Alert, July 2007.
Online Publications
10/01/2009 -
Software Licenses: Permission vs. Forgiveness and the Law of Unintended Consequences
In a case that may prove to be as serendipitous for struggling software companies as anything else, the United States Court of Appeals for the Sixth Circuit wrote another chapter in the law of unintended consequences with its ruling in
Cincom Systems, Inc. v. Novelis Corp. (published September 25, 2009 pursuant to Sixth Circuit Rule 206: File Name: 09a0346p.06).
02/03/2009 -
Legislation Requiring Investment Fund Registration Introduced in the U.S. Senate
On January 29, 2009, Senators Chuck Grassley (R-Iowa) and Carl Levin (D-Michigan) introduced the Hedge Fund Transparency Act of 2009 (the “Act”) in the United States Senate with the stated purpose of imposing more extensive regulatory oversight of hedge funds. However, the bill is not limited to hedge funds; it generally would apply to, and dramatically impact, all private funds (including private equity and venture capital funds) that rely on an exemption from registration under Section 3(c)(1) or Section 3(c)(7) of the Investment Company Act of 1940, as amended (the “Company Act”).
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