Kevin R. Schulz is a partner with Foley & Lardner LLP and is a member of the Transactional & Securities, Commercial Transactions & Business Counseling and International Practices, as well as the Sports and Food & Beverage Industry Teams. His practice focuses in the areas of mergers and acquisitions (M&A) and commercial transactions.
Mr. Schulz routinely represents buyers and sellers, both domestically and internationally, in mergers, acquisitions, dispositions, internal reorganizations, joint ventures, and other strategic alliances in a variety of industries, including professional sports, food, consumer products, industrial equipment, manufacturing, and consulting services.
Representative M&A matters include the following:
- Representing a large European-based global leader in high performance adhesion and surfacing solutions in the sale of its U.S., Canadian and Mexican resins and overlays businesses to an affiliate of a large Canadian pension plan
- Representing a U.S.-based manufacturer of corrugated packaging and displays in its sale to a private equity fund
- Representing a strategic buyer in its acquisition of a U.S.-based food processing company and in its subsequent sale of the company several years later to a private equity fund
- Representing the metal recycling business of a large European-based global manufacturing firm in several acquisitions of manufacturers of metal recycling equipment
- Representing the U.S. operations of a large European-based global consumer products company in its acquisition of a manufacturer of residential floor mats
- Representing the U.S. operations of a large European-based global consumer products company in the divestiture of its soaker hose line of business to a strategic buyer
- After advising a U.S.-based pharmaceutical waste consulting firm from its inception, representing the firm in its sale to a leading provider of comprehensive waste and environmental services in North America
Mr. Schulz also serves the role of outside general counsel for a number of private companies, routinely advising them in connection with a variety of commercial matters, including supply agreements, sales representative agreements, licensing arrangements, confidentiality and nondisclosure agreements, employment agreements, consulting agreements, terms and conditions of sale and purchase, distribution of goods, and provision of services.
Mr. Schulz also has extensive experience in the sports industry, where he has represented and counseled a number of clients (including a professional sports league, professional sports teams, owners and acquirers of professional sports teams, sponsors, and media companies). He advises sports clients in connection with a variety of M&A and commercial matters, including licensing arrangements, promotional and advertising agreements, sponsorship and endorsement agreements, joint ventures, ticketing arrangements, stadium service agreements, and television, radio, and media rights agreements.
Representative matters in the sports industry include the following:
- Representing Guggenheim Baseball Management, the group headed by Mark Walter, Earvin “Magic” Johnson and Stan Kasten, the former president of the Atlanta Braves and Washington Nationals, among others, in the acquisition of the Los Angeles Dodgers, the largest transaction ever for a professional sports franchise
- Representing Rangers Baseball Express (the investment group led by Chuck Greenberg and Nolan Ryan) in its acquisition of the Texas Rangers, a long and complex transaction that culminated in the sale of the club through a Chapter 11 bankruptcy auction
- Representing the Ricketts family in its acquisition of a controlling interest in the Chicago Cubs and Wrigley Field and a related ownership interest in a regional sports network, all through a complex leveraged partnership structure, the then single largest transaction ever for a North American sports franchise
- Representing the Milwaukee Brewers in the sale of the club
- Representing the seller of a significant minority interest in the Cincinnati Bengals
- Representing a Major League Baseball club in the negotiation of a local telecast rights agreement and a related interest in a regional sports network
- Representing an NFL team in the negotiation of a promotional, advertising and sponsorship agreement with a major sponsor
- Representing an NFL team in the negotiation of a preseason telecast rights agreement
- Representing a Major League Baseball club in the negotiation of a radio broadcast agreement
- Representing a Major League Baseball club in the negotiation of ballpark license agreements for concerts held at the ballpark
- Representing a major diversified media company in the negotiation of a radio broadcast agreement with an NFL team
- Representing a major diversified media company in the negotiation of a radio broadcast agreement with a Major League Baseball club
- Representing a major sponsor in its sponsorship and endorsement agreement with a top UFC fighter
- Representing an investment group in its bid for the acquisition of the Atlanta Braves
In connection with these matters, Mr. Schulz frequently works with the professional sports leagues as part of their requisite approval processes.
Mr. Schulz is the author of "Due Diligence In Acquiring A Pro Sports Team," Law360 (February 2011), and “Bankruptcy of a Professional Sports Franchise and the Implications for the Franchise and Its Players,” DePaul Journal of Sports Law & Contemporary Problems (August 2012), and has been quoted, mentioned, or featured in numerous articles regarding sports industry matters, including articles in SportsBusiness Daily, The Am Law Daily, The Atlanta Journal-Constitution, Milwaukee Journal Sentinel, Law360, The American Lawyer, Wisconsin Lawyer, and Wisconsin Law Journal.
Mr. Schulz has spoken a number of times on M&A and sports law matters, including the following presentations:
- Moderator, “Current Legal and Business Issues in Professional Sports,” National Sports Law Institute of Marquette University Law School Annual Conference, October 2012
- Co-presenter, “M&A Checklist for the Non-M&A In-House Lawyer,” Association for Corporate Counsel (ACC) 2012 Annual Wisconsin Chapter Conference and Meeting of Members, May 2012
- Presenter, “Bankruptcy of a Professional Sports Franchise and the Implications for the Franchise and Its Players,” DePaul Journal of Sports Law & Contemporary Problems 2012 Symposium, March 2012
- Co-presenter, “M&A Checklist for the Non-M&A In-House Lawyer,” Foley & Lardner LLP Program, December 2011
- Presenter, “Bankruptcy as a Tool (or an Impediment) for the Sale of a Professional Sports Franchise,” National Sports Law Institute of Marquette University Law School Annual Conference, October 2011
- Co-moderator, “Lights Are Back on for M&A: Spotlight on Acquisitions,” Foley & Lardner LLP Co-sponsored Program, May 2011
In 2012, Mr. Schulz was named to the Wisconsin Super Lawyers – Rising Stars® list for Mergers & Acquisitions.
Mr. Schulz graduated first in his class from the University of Wisconsin Law School, graduating magna cum laude, and was elected to the Order of the Coif. While in law school, he served as managing editor for the Wisconsin Law Review and won The Wall Street Journal Award for Outstanding Achievement in the Study of Corporate Law, as well as the American Bankruptcy Institute Medal of Excellence. He also served as a judicial intern to the Honorable Howard G. Munson, United States District Judge for the Northern District of New York. Mr. Schulz graduated from the University of Notre Dame, summa cum laude with a bachelor's degree in business administration (finance and computer applications) and was selected to receive the Raymond P. Kent Award for Outstanding Finance Student.
Mr. Schulz's professional, civic, and charitable affiliations include memberships in the Milwaukee Bar Association, State Bar of Wisconsin, Business Law Section of State Bar of Wisconsin, Sports & Entertainment Law Section of State Bar of Wisconsin (member of the board), American Bar Association, Business Law Section of American Bar Association, Forum on the Entertainment & Sports Industries of American Bar Association, Sports Lawyers Association, United Way of Greater Milwaukee Emerging Leaders, and The Edward Frederick Sorin Society (University of Notre Dame). He is admitted to practice in Wisconsin and the Eastern District of Wisconsin.