Andrew Kreisberg's practice focuses on domestic and international tax law, with an emphasis on mergers and acquisitions, real estate joint ventures, REITs, and the formation and operation of investment funds.
Andrew represents private equity sponsors through all aspects of acquiring and divesting of assets, including optimizing basis step-ups and other tax benefits, structuring tax-efficient rollovers for stock, and asset acquisitions, including tax-free reorganizations and restructurings. Many of these transactions are cross-border deals that required complex structuring to accommodate the business and tax considerations of the parties involved.
He also works extensively in fund formation, with both domestic and international sponsors. In these transactions, Andrew is responsible for structuring the receipt of management fees and carried interest for fund sponsors, optimizing the tax treatment of payments to fund executives, and developing the most advantageous fund structures to minimize the tax burdens on investors.
Andrew works extensively on transactions involving real estate investment trusts (REITs) both public and private, with a particular focus on issues relevant to cross-border investors.
He regularly represents sovereign and sovereign-related entities in investments in private equity, real estate, and other alternative investment entities. These clients include sovereign wealth funds in Asia and the Middle East, Asian and Middle Eastern central banks, European foundations and endowments, and trusts affiliated with wholly owned entities of non-US sovereigns.
- A fully integrated energy and chemicals enterprise in its US$69.1 billion acquisition of a 70% stake in a chemical manufacturing company and a US$29.4 billion initial public offering on an international stock exchange.
- The purchase by a large multinational energy company of an oil and gas products business from another large multinational.
- A sovereign wealth fund in its (a) US$550 million minority investment in the largest privately held crude operator in the Permian Basin, from an affiliate of a private equity firm; (b) participation in the private offering by a real estate investment trust with office and retail properties in Manhattan and the greater New York metropolitan area; and (c) participation in the US$110 million Series B financing of a T-cell receptor company building a pipeline of innovative therapeutics for solid tumor patients.
- A sovereign wealth fund in the US$230 million Series B fundraising of an early-stage life sciences company.
- A public limited company on its acquisition of a provider of fund services to the Insurance Dedicated Fund and Separately Managed Account market, with US$15.8 billion of assets under management.
- An asset management firm in its acquisition of the world's largest online gaming software supplier.
- An airport operating company in its partnership with the management team of the largest privately held owner-operator of core interconnection facilities in the US in their acquisition of Netrality Data Centers from funds managed by Abrams Capital Management. Netrality owns and operates facilities that act as data connectivity hubs in their respective markets for customers who need direct connections across multiple networks, clouds and other service providers.
- An investment firm in its acquisition of a Minnesota company that provides custom labels, imprinting, serialization, and barcoding services.
- A private equity fund in its purchase of operating assets and its entering into a long-term lease of certain fiber-optic assets, opposite a publicly traded REIT, along with associated restructuring transactions.
- A sovereign wealth fund in a joint venture investment in the first assisted living facility in Manhattan through a private REIT structure.
- J.D., Columbia Law School
- B.A., University of Michigan
Publications and media
- "Representing Sovereign Wealth Funds," TNT 168-4, 2020
- "Guaranteed Payments for Capital – Interest or Distributive Share?" TNT 129-2, 2011
- "The Effect of Transfer Restrictions on Continuity of Interest," TNT 148-7, 2010