In the News

Haynes and Boone in Latin Lawyer: Haynes and Boone Represent Fermaca in Natural Gas Infrastructure Transaction

Fermaca was advised by the New York and Mexico City offices of Haynes and Boone, LLP and Latham & Watkins LLP, with the latter also providing counsel to New York asset management firm Ospraie Management, which sold its stake in the Mexican company to Partners Group and Fermaca’s management team. >>



Recent Publications

International Finance Law Review Guest Article: Cfius Subject to New Due Process Requirements

A DC Circuit Court ruling on the matter dated July 15 could represent a small victory for the due process rights afforded to foreign investors in the national security review of their inbound acquisitions by the Committee on Foreign Investment in the United States (Cfius). >>

Court of Appeals Denies Emergency Motion for Stay of Conflict Minerals Rule

As noted in our alert dated May 12, 2014, the National Association of Manufacturers, et al. requested on May 5, 2014 an emergency stay of the conflict minerals rule (the “Rule”) or at a minimum, a delay of the June 2, 2014 filing deadline for Form SD. >>

SEC Issues Updated Guidance on Conflict Minerals Rule following the Filing of an Emergency Motion for Stay

Prompted by the United States Court of Appeals for the District of Columbia Circuit’s decision in National Association of Manufacturers, et al. v. SEC, et al. (D.C. Cir. April 14, 2014), which held a portion of the conflict minerals rule (the “Rule”) invalid on First Amendment grounds, the Division of Corporation Finance of the Securities and Exchange Commission (the “SEC”) issued updated guidance on April 29, 2014 relating to upcoming Form SD filing obligations. >>



George H. Wang

Counsel

New York


30 Rockefeller Plaza
26th Floor
New York, New York 10112
T +1 212.659.4991
F +1 212.884.8251

Areas of Practice

Education

  • J.D., Cornell Law School, 1978
  • M.S., Massachusetts Institute of Technology, 1975
  • B.S., Cornell University, 1973

Bar Admissions

  • New York
  • U.S. Patent and Trademark Office
George H. Wang

George H. Wang is counsel in the Mergers and Acquisitions and Private Equity Practice Groups in the New York office of Haynes and Boone, LLP. He has extensive experience representing clients in various corporate transactions, including mergers and acquisitions, securities offerings, strategic alliances, financings, fund and venture capital transactions, licensing matters and general commercial advice.

George represents both domestic and foreign clients in a wide variety of industries, including energy, financial services, telecommunications, technology, consumer products, insurance, real estate and life sciences.

Representative Experience

Mergers and Acquisitions

  • Acquisition for $1.6 billion by Mexican pension fund, Afore XXI, of Afore Bancomer from Spain’s Banco Bilbao Vizcaya Argentaria creating Mexico’s largest pension fund.
  • Numerous acquisitions for a European-based private equity firm to establish a multi-billion dollar platform business located in the United States with operations in North America, Europe, Asia and Latin America.
  • Represent South Korean solar panel manufacturer in auction bid for $300 million greenfield solar farm in Southwestern United States.
  • Acquisition of a Danish telecom on behalf of a Singapore investment group.
  • Various going private transactions for controlling shareholders and issuers.
  • Various tender offers and tender offer-merger transactions for European and Asian-based acquirers.
  • Sale of aviation assets by a European group to a Chinese investment fund.
  • Acquisition for various European-based clients of target companies operating throughout Asia, South America, Europe and North America.
  • Divestiture of an AMEX-listed distribution company to a publicly-traded German-based conglomerate.
  • On behalf of a French publicly-traded company, merger with a Canadian-based NASDAQ-listed technology company.
  • Various stock and asset acquisitions, divestitures and mergers.

Securities Offerings

  • Initial and secondary public offerings for issuers and underwriters.

Private Equity and Venture Capital

  • Later stage venture investments in Chinese digital media and online payment processing ventures.
  • Equity roll-over and similar transactions with various private equity firms.
  • Formation of co-investment private equity, venture capital and hedge funds.
  • First and later stage convertible preferred stock and bridge financings for venture funds and portfolio companies engaged in online procurement, telecommunications, medical devices and other businesses.
  • A bridge financing for an angel investor investing in the combination of an Asian manufacturer of integrated cellular phones/personal data address book organizers, and a U.S.-based distributor of cellular products.

Technology and Life Sciences

  • Later stage venture investment in an in vivo biomarker medical technology company.
  • Acquisition for a French group of a U.S. medical reagents manufacturer.
  • A cross-licensing transaction between a major European blood bank and a NASDAQ-traded biotechnology company.
  • A supra-voting exchange offer and change of control transaction for a leading manufacturer of medical devices.
  • A cross-licensing joint venture for U.K. and U.S. chip manufacturers for development of state of-the-art chipsets.
  • Licensing agreements for a variety of technology-based companies.

Other Transactions

  • Licensing agreements for a leading French fashion house for the domestic licensing of its globally known trademarks in the fashion and related industries.
  • Revolving credit, term loan and letter of credit facilities on behalf of various corporate borrowers.
  • Equity financing for a U.S. investor in a Chinese joint venture established to commercialize cosmetics products in the domestic Chinese market.

Selected Speeches and Publications

  • "Cfius Subject to New Due Process Requirements," guest author, International Financial Law Review, July 29, 2014.
  • "Private Investment Funds' New Fatca Considerations," guest author, International Financial Law Review, November 7, 2013.
  • "U.S. Actions Demonstrate that National Security Concerns Are a Risk, But Not a Certain Roadblock, to Chinese Investments: Good Advice, Careful Planning and Smart Execution Are Critical," co-author, Haynes and Boone Alert, March 14, 2013.
  • "SEC Issues Rules on Disclosing Use of Conflict Minerals," co-author, Haynes and Boone Alert, September 24, 2012.
  • "SEC Requires New Disclosures by Resource Extraction Issuers," co-author, Haynes and Boone Alert, September 13, 2012.
  • "Facing CFIUS: Better Safe Than Sorry," Law360, July 5. 2012.
  • "Say No to a U.S.-China Trade War," Wall Street Journal, January 21, 2012.
  • "Dodd-Frank Act - Proposed Rules to Implement Sections 1502-1504 relating to Conflict Minerals, Mine Safety and Payments by Resource Extraction Issuers," March 2011. 
  • "Investment Opportunities in the Private Equity Sector," panelist, Paris Europlace Financial Forum, New York, NY, September 26, 2005.

Professional Activities

  • Asian American Federation, Chairman, 2011-current; Board of Directors; past Treasurer; past Annual Gala Chair
  • Honoree, Cornell Asian Alumni Association 20th Annual Pan-Asian Banquet, 2014
  • Co-Founder, The Geneva School of Manhattan
  • Former member of the Board of Trustees and Development Chair of the Metropolitan Montessori School
  • Served as an Educational Counselor for the Massachusetts Institute of Technology (more than 15 years)
  • Recipient of the 2006 Outstanding 50 Asian Americans in Business Award
  • Martindale Hubbell® Law Directory with a Peer Review Rating of AV® Preeminent™

Selected Representative Experience


Equity Rollover Transaction for Mexican Energy Project Developer
Represented Grupo Fermaca S.A. de C.V., a market leader in the development and operation of energy infrastructure in Mexico, in connection with the acquisition by Partners Group, a global private equity firm headquartered in Zug, Switzerland, of a majority stake in the company from its parent, New York private equity firm Ospraie.

Equity Rollover Transaction
Represent U.S. sellers in an equity rollover transaction in which a U.S. private equity firm acquired a controlling interest in the target U.S. and Canadian businesses.

Multi-Billion Pension Fund Purchase
Represented Afore XXI in its bid and agreement to acquire Afore Bancomer from Spain’s Banco Bilbao Vizcaya Argentaria (BBVA) for about $1.6 billion. Conducted due diligence, gave regulatory and corporate advice and worked on the Mexican and New York legal aspects of the bid documents and transaction agreements.

Memberships

  • American Bar Association
  • Association of the Bar of the City of New York
  • Arbitrator and Member of the Board of Arbitrators of the Financial Regulatory Authority, Inc. (FINRA)

Online Publications

07/29/2014 - International Finance Law Review Guest Article: Cfius Subject to New Due Process Requirements
A DC Circuit Court ruling on the matter dated July 15 could represent a small victory for the due process rights afforded to foreign investors in the national security review of their inbound acquisitions by the Committee on Foreign Investment in the United States (Cfius).

05/27/2014 - Court of Appeals Denies Emergency Motion for Stay of Conflict Minerals Rule
As noted in our alert dated May 12, 2014, the National Association of Manufacturers, et al. requested on May 5, 2014 an emergency stay of the conflict minerals rule (the “Rule”) or at a minimum, a delay of the June 2, 2014 filing deadline for Form SD.

05/12/2014 - SEC Issues Updated Guidance on Conflict Minerals Rule following the Filing of an Emergency Motion for Stay
Prompted by the United States Court of Appeals for the District of Columbia Circuit’s decision in National Association of Manufacturers, et al. v. SEC, et al. (D.C. Cir. April 14, 2014), which held a portion of the conflict minerals rule (the “Rule”) invalid on First Amendment grounds, the Division of Corporation Finance of the Securities and Exchange Commission (the “SEC”) issued updated guidance on April 29, 2014 relating to upcoming Form SD filing obligations.

11/07/2013 - IFLR Guest Article: Private Investment Funds’ New Fatca Considerations
The key compliance considerations for private investment funds caught by the looming US statute

08/06/2013 - D.C. Circuit Upholds SEC Conflict Minerals Disclosure Rule
On July 23, 2013, the U.S. District Court for the District of Columbia (the “District Court”) upheld Rule 13(p) (the “Rule”) under the Securities and Exchange Act of 1934, as amended (the “Exchange Act”).

07/18/2013 - D.C. Circuit Vacates SEC Resource Extraction Rule
On July 2, 2013, the U.S. District Court for the District of Columbia (the “District Court”) vacated Rule 13q-1 (the “Rule”) under the Securities and Exchange Act of 1934, as amended (the “Exchange Act”).

03/14/2013 - U.S. Actions Demonstrate that National Security Concerns Are a Risk, But Not a Certain Roadblock, to Chinese Investments: Good Advice, Careful Planning and Smart Execution Are Critical
The Exon-Florio Amendment gives CFIUS and the President the power to block or order divestitures before approving a "covered transaction," meaning any merger or takeover of a U.S. company that results in foreign control and that threatens to impair U.S. national security.

09/24/2012 - SEC Issues Rules on Disclosing Use of Conflict Minerals
The Securities and Exchange Commission (the “SEC”) has implemented Congress’ initiative to use disclosure requirements of U.S. securities laws to inhibit the ability of armed groups in the Democratic Republic of the Congo to fund their activities through the exploitation of trade in conflict minerals.

09/13/2012 - SEC Requires New Disclosures by Resource Extraction Issuers
In the next year, companies that work in the development of oil, natural gas or minerals will have to publicly make new disclosures of payments of $100,000 or more made to governments. The $100,000 threshold is on a project-by-project basis, and will require companies to provide details of the type and amounts of payments made.

07/05/2012 - Law360 Guest Article: Facing CFIUS: Better Safe Than Sorry
The Committee on Foreign Investment in the United States recently blocked yet another acquisition involving Chinese investors.

01/31/2012 - The Wall Street Journal Letter to the Editor: Say No to a U.S.-China Trade War
Regarding Alisa Newman Hood's "American Heads in the Shale About China" (op-ed, Jan. 5), Congress should look favorably on the investment by Chinese firms in U.S. shale plays.