Brian Kerwin is co-vice chair of Duane Morris' Corporate Practice Group. He also is a partner in the Finance practice group, a member of the firm's national governing Partners Board and a member of the Management Committee of the Chicago office. Brian has extensive experience representing business entities, lenders, private equity funds and entrepreneurs in various business and financing transactions, including the buying and selling of companies, acquisition financings, capital raises, syndicated secured loan transactions, and equity investments.

In 2006, 2007 and 2008, Brian was selected for inclusion in the prestigious Chambers USA: America's Leading Lawyers for Business directory. Brian was described as having "a flair for complex transactions," an "energy and tact" that appeals to "a hugely loyal clientele," and someone who is "responsive and gets the deal done." In April 2007, Brian was featured in an article in Counsel to Counsel magazine spotlighting the firm's relationship with client LaSalle Bank, and in 2006, he was profiled by the University of Michigan in its alumni publication.

Brian was selected in 2005 through 2008 as a Leading Lawyer in the State of Illinois in both Mergers & Acquisitions and Corporate Finance Law. In 2005 through 2007, Brian was selected as a Super Lawyer in both Mergers & Acquisitions and Banking & Financial in a guide published by Law & Politics that distinguishes the top 5 percent of Illinois lawyers. In 2004, Chicago Lawyer selected Brian out of over 1,200 nominees to be included in its "40 Illinois Attorneys Under Forty to Watch."

In 2007, Brian represented, among others, the shareholders of a plastics company in its sale for over $110 million; a buyer in its acquisition of two unrelated companies based, respectively, in North Carolina and Texas and obtainment of a concurrent $60 million syndicated financing; a national lender in its acquisition financing of a multi-borrower group for over $40 million; an audio and video conferencing equipment company in its sale for approximately $30 million to a global distributor of technology products; and the purchaser of 27 retail furniture stores in Arkansas, Kansas, Missouri and Oklahoma.

In 2006, Brian represented the seller of the controlling interest in a Mississippi-based company for $89 million; the seller of a software consulting company for $23.5 million to a Boston-based private equity fund; the buyer of an ATM business for $41.5 million; the majority shareholder in a recapitalization of a California-based company; the seller of an Indiana windshield glass business for $28.5 million; and the seller of an M2M business to Qualcomm Inc. Also in 2006, Brian represented the agent bank in a $350 million syndicated, multi-borrower refinancing (involving over 80 parcels of real estate in 17 states); the lead agent bank in a $100 million syndicated acquisition financing; the borrower in a $15 million acquisition financing; and the lender in a $17 million financing for a corporate recapitalization.

In 2005, Brian continued to be very active in representing sellers of their businesses, including the sale of a company for $40 million to a Midwest-based private equity firm; a company founded in 1916 to a NYSE-traded business development company; and affiliated companies in Maine and Wisconsin for $20 million to a California-based private equity fund. Brian also represented a private equity fund in its purchase and recapitalization of a New York-based company for $35.7 million and an Illinois-based private equity fund in its $150 million capital raise. He was also active in several commercial finance transactions, including representing the agent bank in a $250 million multi-borrower debt facility; the agent bank in a $78 million acquisition financing; and the lender in a $35 million acquisition financing.

In 2004, Brian represented a California-based private equity fund in two acquisitions; the issuer in a $160 million senior note offering; and a private equity fund in its bid to acquire a Nevada company out of bankruptcy for an amount of debt and equity approximating $700 million. Brian also represented an Illinois-based private equity fund in two substantial equity investments; a developer and manufacturer of radio antennas in its sale for $16 million; a Michigan-based manufacturer in its sale to a Midwest-based private equity firm; and the purchaser of four wholly owned subsidiaries of a publicly traded company in a leveraged buyout for $45 million. Brian also represented a group of affiliated borrowers in a $25 million debt financing and a company in its negotiation of license agreements and memorabilia agreements with Hard Rock International.

Within the past few years, Brian represented a national cable television company in a sale of one of its wholly owned subsidiaries for $97 million; a large Chicago newspaper company in its acquisitions of two local publications; and a publicly traded company in its purchase of a division of a publicly traded Canadian company for $27.5 million. He also represented a high-tech startup company in its series of capital raises and licensing arrangement with a Fortune 500 company; a venture capital fund in its purchase of Series A and B convertible participating preferred stock in an emerging growth company; a publicly traded company in its obtainment of credit facilities aggregating $195 million in connection with its emergence from chapter 11; the shareholders of a North Carolina-based automotive parts manufacturer in its stock sale to publicly held Hawk Corporation for cash plus an earnout; and a large closely held company in its obtainment of an $85 million credit facility to finance its corporate reorganization.

During his tenure with Skadden, Arps, Slate, Meagher & Flom, Brian worked as a member of the team of lawyers representing Sara Lee Corporation in its acquisition of Playtex Apparel, Inc.; Alliant Techsystems, Inc. as issuer of $50 million of senior secured notes to a syndicate of insurance companies; Credit Suisse Canada as agent for a bank syndicate providing $575 million to Quebecor Printing (USA) Inc. for its acquisition of the Maxwell Graphics Unit of Macmillian, Inc.; United Air Lines, Inc. in its purchase of certain substantial assets of Pan American World Airways, Inc.; and Honeywell Inc. in obtaining credit facilities aggregating $190 million in connection with a spin-off of one of its defense divisions.

Brian earned his B.A. from the University of Michigan, magna cum laude with honors in history, and received his law degree, with honors, from the George Washington University National Law Center in Washington, D.C., where he was a member of the Law Review. He also received a Master of Intellectual Property Law from The John Marshall Law School in Chicago.

Brian was extensively quoted in an article in the Chicago Daily Law Bulletin as an experienced attorney in representing sellers and buyers of companies. Brian received the National Multiple Sclerosis Society - Greater Illinois Chapter Leadership Class of 2002 Award, which recognizes "Outstanding Professional Achievement and Community Leadership." Brian is also a past director and executive vice president of the Illinois Young Executives Club. Brian is a member of the Board of Trustees of the Peggy Notebaert Nature Museum in Chicago.

Areas Of Practice

Corporate and Business Law
Commercial Finance
Corporate Finance
Mergers and Acquisitions

Professional Activities

The Chicago Bar Association
- Commercial Finance and Transactions Committee
- Corporation and Business Law Committee
American Bar Association
- Business Law Section

Admissions

Illinois
District of Columbia

Education

John Marshall Law School, LL.M., Intellectual Property Law, 1996
The National Law Center of The George Washington University, J.D., with honors, 1989
University of Michigan, B.A., magna cum laude, 1986

Civic and Charitable Activities

Board of Trustees, Peggy Notebaert Nature Museum, Chicago
National Multiple Sclerosis Society, Greater Illinois Chapter
- Leadership of Chicago Award, Class of 2002
Former Director, Young Executives Club of Chicago

Honors and Awards

Listed in Chambers USA: America's Leading Lawyers for Business, 2006, 2007 and 2008 editions
Illinois Super Lawyers, 2005-2007
Selected by Chicago Lawyer magazine for its "40 Illinois Attorneys Under Forty to Watch" list for 2004

Selected Publications

"10 Questions To Ask Your Client About Its Lawyer," The Business Broker, March 2008
Recently, Brian was extensively quoted in a published article as an experienced attorney in representing sellers and buyers of companies.
Co-Author, "The Law of Guaranty, Advanced Commercial Finance and Creditors' Rights in Illinois," Illinois Institute of Continuing Legal Education, 1993

Selected Speaking Engagements

Co-Chair, 2nd Annual Mergers and Acquisitions/Private Equity Midwestern Forum, April 2008
Speaker, "Legal Aspects of Mergers and Acquisitions," DePaul University MBA graduates, Chicago, Illinois, April 19, 2000
Speaker, "Legal Aspects of Mergers and Acquisitions," University of Illinois Graduate School of Business, Chicago, Illinois, February 23, 2000
Speaker, "Structuring the Deal to Protect the Seller," sponsored by the U.S. Chamber of Commerce, Detroit, Michigan, January 19, 2000.
Speaker, "How to Maximize the Value of Your Business and Cash out on Your Own Terms," Selling Your Business For The Most Profit, sponsored by The Geneva Companies and the DePaul University Office of Continuing and Professional Education, Milwaukee, Wisconsin, November 10, 1999
Speaker, "Commercial Loan Documentation" and "Commercial Loan Workout," The Banking Law Institute and Executive Enterprises