Erin Kaufman

Willkie represented MyPower, a wholly-owned subsidiary of Mitsui & Co. and provider of industrial solutions for global climate change, in its sale of Solstice Power Technologies LLC to Perch Energy, a community solar servicer. On February 18, the sale of Solstice, a leading service provider specializing in customer acquisition and management for community solar development, was announced. Founded in 2015, Solstice connects households and small and large businesses to community solar farms that reduce their electric bills with no upfront cost or installation. Solstice also offers Community Benefit RECs, which aggregate corporate renewable energy purchases to fund new clean energy projects, workforce development, and environmental justice initiatives. Solstice's solutions align the needs of subscribers, asset owners, and corporate buyers to drive strong participation, community impact, long-term performance, and scalable growth in community solar. Perch and Solstice will combine their platforms to serve over 86 solar project owners in both mature and emerging community solar markets across the nation. The Willkie team was led by partners Archie Fallon and Ray LaSoya, and counsel Noah G. Goodman, and included associates Amirali Agha-Khan and Rachel Hudson.

Feb 23

1 min

Willkie is advising WMS Partners, a $6.4 billion multi-family office and registered investment adviser based in Towson, Maryland, in connection with its acquisition by Homrich Berg Wealth Management, a leading Atlanta-based fee-only wealth advisor with offices across the Southeast. On December 11, Homrich Berg Wealth Management announced that it entered into a definitive agreement to acquire WMS Partners. The acquisition will bring Homrich Berg’s total assets under management to over $24 billion and expand its footprint to include 10 offices across five states. Since 1993, WMS Partners has provided a suite of wealth management and family office solutions for high- and ultra-high-net-worth individuals and families, including robust trust and estate planning capabilities and a sophisticated private investments platform. The Willkie team is led by partner Manuel Miranda and includes partners Bissie Bonner and Elliot Gluck and associate Erin Kaufman.

Dec 11

1 min

Willkie advised Layne Water Midstream Holdings, LLC in the sale of its interests in Layne Water Midstream Resources, LLC and its subsidiaries (collectively, Layne Water Midstream) in an all-cash transaction. Layne Water Midstream is backed by Post Oak Energy Capital, LP and Genesis Park, LLC, through investment partnerships each company separately manages. Layne Water Midstream is a full cycle water midstream business providing water solutions for its customers through responsibly created water infrastructure, including produced water gathering and disposal, source water delivery, and produced water redelivery, treatment and recycling services. Post Oak Energy Capital, which was established in 2006, is a Houston-based private equity firm primarily focused on making domestic investments in the upstream, midstream and oilfield services sectors of the energy industry. Genesis Park is a Houston-based debt and equity investment platform. Genesis Park supports growth and later stage lower middle market businesses through flexible debt and equity capital solutions and strategic guidance. The Willkie team was led by partners Sarah McLean and Robert Jacobson and associate Erin Kaufman.

Jul 11

1 min

Willkie advised Silver Hill Energy Partners, LP in connection with the formation of its fourth partnership and second institutional private equity fund, Silver Hill Energy Partners IV, LP. On July 31, Silver Hill announced the close of its new fund, which was oversubscribed at closing, with total capital commitments of $1.13 billion from a group of institutional investors comprised of endowments, pension funds, medical and family foundations and family offices, the majority of which are repeat investors. Silver Hill is focused on acquiring, optimizing and developing oil and natural gas properties in high-quality, active basins throughout the onshore U.S. The Willkie team was led by partner Sarah McLean and included associates Erin Kaufman, Matthew Haddadin, Devin Ralston and Dana Lake.

Aug 1

1 min

Retail landlord Simon Properties and luxury retailer Saks Global on Monday wrangled over the wording of a 2024 investment agreement as they asked a Texas bankruptcy judge to determine the fate of the leases of two Saks locations. Counsel for the parties made their closing arguments to U.S. Bankruptcy Judge Alfredo R. Perez after three days of hearings on Simon's request for a ruling that it can terminate the leases without the notice periods in the leases themselves. The parties are disputing whether a letter agreement Simon and Saks entered into when Simon invested $100 million in Saks in 2024 allows Simon to terminate the leases of a Saks location in Woodbury, New York, and a Neiman Marcus store in Palo Alto, California, effective Jan. 8, six days before Saks declared bankruptcy and a stay on contract terminations went into effect. Both parties acknowledged that the agreement granted Simon the right to terminate the Palo Alto lease and one other lease for "failure to perform" on either lease and that Saks had overdue lease payments, but they disagreed on whether the letter overrode notice of default and cure period provisions in the leases that would have given Saks 30 days from its Jan. 8 notice to make up the payments. At Monday's hearing, Simon counsel Robert Velevis argued the default provisions in the leases were not relevant, saying the agreement specifically allowed termination for "failure to perform" and not "default." "The letter agreement does not give a cure period," it said. Saks counsel Allyson Smith argued the letter agreement doesn't define "failure to perform" but the leases do, and that definition includes cure rights. The sole purpose of the clause in the letter agreement was to give Simon the right to terminate the leases for a default on a different lease, she argued. She also argued calling a default on the leases was a break with the parties' standard relationship. She said Simon had always accepted late payments, for example when Saks disputed a particular charge and delayed payment until the dispute was reconciled. "There has always been an amount technically outstanding," she said. Velevis argued this only meant that Simon had the right to terminate the leases anytime after the agreement was signed, and only invoked it now for "its own reasons." Smith claimed Simon learned of Saks' plans to file and "manufactured a default" in order to seize the leases and prevent Saks from selling them in its Chapter 11. Judge Perez reserved decisions on the issue. Simon Property Group is represented by Duston K. McFaul, Robert S. Velevis, Jeri Leigh Miller and Maegan Quejada of Sidley Austin LLP. Saks is represented by Kelli S. Norfleet, Kenric D. Kattner, Arsalan Muhammad, Kourtney P. Lyda and David Trausch of Haynes Boone and Debra M. Sinclair, Robin Spigel, Allyson B. Smith, Betsy L. Feldman, Jessica D. Graber, Jennifer J. Hardy, Ryan B. Bennett, Stuart R. Lombardi and Nathaniel G. Ward of Willkie Farr & Gallagher LLP. The case is In re: Saks Global Enterprises LLC et al., case number 4:26-bk-90103, in the U.S. Bankruptcy Court for the Southern District of Texas.

Mar 2

2 min