Jonathan P. Witt

Senior Counsel

Overview

Jonathan (Jon) Witt is a senior counsel and business lawyer with Foley & Lardner LLP. Jon practices in the areas of cross-border mergers and acquisitions, corporate securities, corporate governance, and general corporate law.

Jon has represented buyers, sellers, and investors in over 55 transactions aggregating over $6 billion in total deal consideration. Jon’s combination of transaction experience and his practical, solutions-based perspective allows him to advise his clients in a realistic fashion, without being risk averse. Jon prides himself in knowing what his clients want and consistently finding consensus in a transaction without sacrificing his client’s objectives in the process.

Cross-Border Mergers & Acquisitions Experience

Jon represents both public and private acquirers and targets in domestic and cross-border mergers & acquisitions transactions. Jon represents strategic, private equity, and venture capital clients in a wide array of industries.

Employee Stock Ownership Plan (ESOP) Experience

Jon has represented closely-held businesses in connection with their transition ownership to an ESOP. Jon has also represented buyers and sellers in transactions in which the target company is controlled by an ESOP.

Corporate Securities and Corporate Governance Experience

Jon represents issuers in public and private equity and debt securities offerings and also provides continuing advice to public companies regarding their federal securities law compliance, disclosure and reporting obligations, and corporate governance. Jon represents or has represented numerous publicly traded companies, including Penske Automotive Group (NYSE: PAG), Fiserv, Inc. (NASDAQ: FISV), Oshkosh Corporation (NYSE: OSK), Rockwell Medical Inc. (NASDAQ: RMTI), National Research Corporation (NASDAQ: NRC), Jason Industries (NASDAQ: JASN), Advanced Energy Industries, Inc. (NASDAQ: AEIS), Health Insurance Innovations Inc. (NASDAQ: HIIQ), Regal Beloit Corporation (NYSE: RBC), Marcus Corporation (NYSE: MCS) and Snap-on Incorporated (NYSE: SNA), among others

General Corporate Law Experience

Jon’s general corporate law experience is broad-based, including company formation, capital raising, equity holder agreements, employee and consulting agreements, commercial arrangements, joint ventures, and strategic planning. Jon is a member of the firm’s Transactional Practice, Automotive Industry Team, and Manufacturing Industry Team.

Representative Transactions

Select Mergers & Acquisitions Transactions

  • Represented a Wisconsin-based software company in its sale to a Paris-based, worldwide leader of 3D and product lifecycle management solutions
  • Represented a Wisconsin-based software company with operations in the Netherlands and Singapore in its sale to a Swedish public company
  • Represented a Wisconsin-based manufacturer of foodservice applications in its sale to a Wisconsin-based food service equipment manufacturer
  • Represented a global manufacturer of water filters, pump systems and pool accessories in its complex acquisition of a Vancouver-based aquaculture business with worldwide operations, including Chile and China
  • Represented Ariens Company in its acquisition of three specialty brand catalog businesses from W.W. Grainger, Inc.
  • Represented a global manufacturer of portable machine tools and welding systems in its sale to a San Francisco-based private equity firm
  • Represented a leading global technology provider in its divestiture of an enterprise software and payment solutions system
  • Represented a leading global provider of financial services technology in its acquisition of an electronic payment gateway services company
  • Represented an international wealth management, capital markets, private equity and asset management firm in its acquisition of an investment firm with client assets of over $10 billion
  • Represented a Wisconsin-based manufacturer of private-label baked custom snacks in its sale to a publicly-traded salty snack company
  • Represented Everett Smith Group, a global car seat manufacturer, in its sale of Eagle Ottawa to Lear Corporation
  • Represented Tower Three Partners in its acquisition of 12 private and resort golf courses from Heritage Golf Group, a portfolio company of the Chicago-based private equity firm, GTCR. The golf course properties included a number of PGA-affiliated courses located in Florida, Texas and South Carolina
  • Represented a leading manufacturer of ready-to-serve “aseptic” food and beverages in its sale to a private equity firm
  • Represented a Japanese publicly-traded corporation in its acquisition of a global motion control systems manufacturer
  • Represented Magnetek, Inc., a publicly-traded digital power and motion control systems corporation with operations in Mexico, England and Canada, in its sale to Columbus McKinnon Corporation 
  • Represented The Manitowoc Company, Inc., a multi-industry, capital goods manufacturer, in its divestiture of its Kysor Panel Systems business to an affiliate of D Cubed Group LLC, a private market investment firm
  • Represented a Wisconsin-based printing company in its Latin American internal restructuring involving subsidiaries in Brazil, Columbia, Luxembourg, Spain and the United States
  • Represented a Milwaukee-based hospital chain in its acquisition of a Green Bay-based medical center
  • Represented Paper Machinery Corporation, a leading manufacturer of paper cup machines, and its shareholders in connection with the transition of 100% ownership of the company to an Employee Stock Ownership Plan
  • Represented a London-based private equity firm in its acquisition of a Canadian-based customer intelligence software company
  • Represented an AIM listed, London-based provider of portfolio analysis solutions in its acquisition of a New York-based investor analytics company
  • Represented a Texas-based private equity company in its acquisition of a Texas-based full-service waste management and recycling firm with locations throughout the southeastern United States
  • Represented a Wisconsin-based rubber-molding company, and its Mexican affiliate, in its sale to a Boston-based private equity firm
  • Represented a Wisconsin-based private equity company in its acquisition of a Connecticut-based cGMP-certified global supplier of nutrition and functional ingredients
  • Represented an Illinois-based premium-quality, professional-grade tools manufacturer in its acquisition of a Pennsylvania- and UK-based telecommunications and power utility manufacturer
  • Represented an international-based steel company in its acquisition of an Illinois-based processor and polisher of stainless steel, aluminum and nickel alloys
  • Represented a Texas-based private equity company in its acquisition of a Florida-based solid waste collections company
  • Represented one of the nation’s leading providers of complex rehab technology in its acquisition of a complex rehab technology provider with seven locations in the western United States
  • Represented a Michigan-based, global hydraulics company in its sale to an Illinois-based private equity firm
  • Represented a middle market debt advisory group in a foreclosure proceeding against a nutritional supplement franchise business
  • Represented National Research Corporation, a publicly traded healthcare consulting company, in a recapitalization transaction that exchanged each share of class B common stock for one share of class A common stock, plus cash
  • Represented an international-based steel company in its acquisition of a California-based full-service manufacturer of standard and custom aluminum extrusions
  • Represented Regal Beloit Corporation in its international divestiture of its drives technologies business to Sun Capital Partners, Inc., a leading private investment firm specializing in leveraged buyouts and investments in market-leading companies

Select Notes Offering Transactions

  • Represented Whiting Petroleum Corporation in a $350 million 6.500% Notes Offering
  • Represented Snap-on Incorporated in a $250 million 4.250% Notes Offering
  • Represented Briggs & Stratton Corporation in a $225 million 6.875% Notes Offering
  • Represented Bemis Company, Inc. in a $400 million 4.500% Notes Offering
  • Represented Fiserv, Inc. in a $700 million 3.500% Notes Offering
  • Represented Cummins, Inc. in a $500 million 3.650% Notes Offering
  • Represented Oshkosh Corporation in a $250 million 5.375% Rule 144A and Reg. S Offering

Select Proxy Contest & Hostile Tender Offer Defense Transactions

  • Represented Oshkosh Corporation in its defense against a 2011 proxy contest and 2012 hostile tender offer and related proxy contest waged by Carl C. Icahn
  • Represented Rockwell Medical, Inc. in its defense against a 2018 proxy contest waged by Richmond Brothers, Inc.

Thought Leadership

Jon is a frequent speaker and author on mergers and acquisition issues, SEC compliance, and corporate governance matters.

Education

Jon received his law degree from the Georgetown University Law Center (J.D., 2009), where he earned a certificate in refugee and humanitarian emergencies as well as an academic achievement award in advanced human rights. He received his bachelor’s degree from Marquette University (B.A., 2006).

While at Marquette University, Jon was inducted into Alpha Sigma Nu, the highest honor society for Jesuit universities, which honors students who not only distinguish themselves in their academic pursuits, but also in their loyalty to the values of their Jesuit education. Only 4% of each class of a Jesuit university is eligible for induction into Alpha Sigma Nu.

Admissions

Jon is admitted to practice law in Michigan and Wisconsin.

Insights

Foley Wins at M&A Atlas Awards
11 November 2014