Merchant, Toby D.

Toby D. Merchant

Partner

Toby Merchant focuses his practice on business law and transactions including mergers and acquisitions, securities offerings, debt financings, private equity investment and general corporate governance matters.

In mergers and acquisitions, Toby advises public and private companies in both domestic and cross-border acquisitions and divestitures. In the area of private equity investing, his representation includes advising private equity funds with respect to a variety of investment opportunities. In the area of securities, he regularly advises clients with respect to federal and state securities laws and stock exchange rules compliance, public offerings and corporate governance matters. Toby has served as primary outside securities compliance and governance counsel to several publicly held companies.
He also has experience in the acquisition of financial institutions (in both FDIC assisted and non-assisted transactions).

Explore

  • Advising Compass Diversified Holdings (NYSE: CODI) on its US$253 million acquisition of Clean Earth Holdings, Inc., a processor of contaminated soil, dredge sediments, hazardous and non-hazardous soil, from Littlejohn & Co., LLC, a middle-market private-equity firm. 
  • Advising Kimball International, Inc. (NASDAQ: KBALB), industry leader in the manufacturing and distributing office and hospitality furniture, in connection with the US$368 million spin-off of its subsidiary, Kimball Electronics, Inc.(NASDAQ: KE), a leading global provider of electronic manufacturing services to a vast range of industries, as an Independent Publicly Traded Company.
  • Advising Fox Factory Holding Corp. (NASDAQ: FOXF), designer and manufacturer of high-performance suspension products for vehicles, on its US$44 million asset purchase of Sport Truck USA, Inc., a distributor of aftermarket suspension solutions.
  • Representing a publicly held company on its US$124 million acquisition of Arnold Magnetic Technologies Holdings Corporation, a manufacturer of permanent magnets and precision magnetic assemblies with facilities in China, Switzerland, the UK and the US. 
  • Advising on the US$295 million divestiture of Staffmark Holdings, Inc., a leading, national provider of light industrial, clerical and specialty staffing solutions. 
  • Advising Horizon Technology Finance Corporation on its organization and US$100 million initial public offering and listing on the NASDAQ Stock Market. 
  • Advising Limoneira Company (NASDAQ: LMNR) on its registration under the Securities Exchange Act of 1934 and listing on the NASDAQ Stock Market. 
  • Advising Compass Diversified Holdings (NYSE: CODI) on the transfer of the listing of its shares from the NASDAQ Stock Market to the New York Stock Exchange. 
  • Advising a regional bank in acquiring two failed banks in FDIC-assisted transactions. 
  • Advising the US Department of Treasury in connection with its TARP Capital Purchase Program and in making several hundred investments in US financial institutions from October 2008 until 2011. 

Education

  • Case Western Reserve University, J.D., cum laude, executive articles editor, Case Western Reserve Journal of International Law, 2004
  • Cornell University, B.S., 2001

Admissions

  • Ohio, 2004
  • Recognized in Ohio Super Lawyers – Rising Stars, a listing of the top up-and-coming lawyers in Ohio


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  • Speaker, “US and Brazilian Anticorruption Laws Roundtable: Navigating Through Turbulent Waters,” Miami, November 14, 2013. 
  • Author, “Recognizing ILO Rights to Organize and Bargain Collectively: Grease in China’s Transition to a Socialist Market Economy,” Case Western Reserve Journal of International Law, Volume 36, Winter 2004.