Thomas McCaffrey focuses his practice in representing businesses in sophisticated matters in the areas of corporate and partnership law, asset and stock acquisitions, mergers, financings, structuring issues and strategic planning.

Among the clients represented by Mr. McCaffrey are private equity funds, public companies, privately held businesses and individuals. His client representations include—

• a publicly traded, multinational energy technology company in its acquisition of a privately held domestic energy services company (undisclosed purchase price)
• an energy focused private equity fund in its preferred security investment as part of a recapitalization of an energy services company
• a large private equity firm in a stock purchase transaction where it acquired the controlling interest in a domestic cogeneration facility
• regular representation of publicly traded specialty investment company in connection with management buy-outs, recapitalizations, growth financings, and acquisitions
• representation of NYSE company in its serial acquisition program
• an upstream oil field environmental services company in a complex sale of assets to a private equity firm involving senior and subordinate financing, earnout notes, retention of seller management, formation of related pass-through entities, and negotiation of a lease between a seller affiliated entity and the purchaser covering all operations of purchaser
• a consortium of energy investors in the formation of an investment vehicle and the contested purchase of an upstream working interest, including assignment of the operating agreement and placement of an investor as manager of the operator
• a publicly traded business development company in a multi-entity acquisition of a multinational manufacturer and distributor of industrial components, involving senior and mezzanine financing, the issuance of warrants and the formation of pass-through entities to facilitate the debt and equity financing of the transaction
• the lead investor in the formation of an exploration and production company and the subsequent entry of the company into a complex joint venture with an energy-focused private equity group with $7 billion of capital under management
• the purchasers in the structuring and acquisition of broadcast, sports, and media divisions from a NYSE company in connection with its restructuring
• a private equity firm in the acquisition of a steel manufacturing company in a Section 363 bankruptcy transaction
• the owners of one of the nation's largest arena management companies in the disposition of their business
• the owners in the disposition of a consolidated group of companies using a combination of a taxable and non-taxable techniques involving the negotiation of stock purchase, earn-out, and related documents and the creation of new entities, the use of spin-offs and entity conversions, and the implementation of wealth transfer and succession strategies
• a NYSE company in connection with the development, construction, and sale-leaseback of its multi-building, worldwide campus headquarters
• the selling stockholders in the sale of a software company to a multinational energy services company
• the selling stockholders in the sale of an engineering company to a major oilfield equipment manufacturer
• potential acquirers of professional sports franchises
• the acquiring company in the stock acquisition of a health care company and simultaneous issuance of preferred stock to new investors and negotiation of bank credit facility
• a real estate developer in the acquisition and development (and subsequent refinancing) of an "environmentally challenged" property with the use of creative acquisition techniques designed to mitigate environmental risk

Publications and Speaking Engagements

• Guest Lecturer, Columbia Law School, April 25, 2012, “Bridges Over the Valuation Gap: Contractual Strategies in Leveraged Acquisitions”
• Co-author, “Facilitating M&A Deals in a Volatile Environment,” Mergers and Acquisitions Law 2012, Top Lawyers on Trends and Key Strategies for the Upcoming Year (Aspatore Books, a Thomson Reuters company, 2012)
• Guest Lecturer, Columbia Law School, April 21, 2011, “Private Equity Mezzanine Financing Issues and Minority Recapitalization Transactions”
• M&A Insight 2011, “Bridging the Gap & Strategic Alternatives,” Panelist, March 31, 2011, Houston, Texas
• Co-Author, “Looking Ahead to 2011; Upcoming Trends in the M&A Market,” Inside the Minds, Mergers and Acquisitions Law 2011, Top Lawyers on Trends and Key Strategies for the Upcoming Year (Aspatore Books, a Thomson Reuters company, 2011)
• Guest Lecturer, Columbia Law School, April 14, 2010, “Anatomy of a Private Equity Transaction”
• Co-Author, "New Areas of Focus in M&A Due Diligence,” Inside the Minds, Business Due Diligence Strategies (Aspatore Books, a Thomson Reuters company, 2010)
• M&A Insight 2010, “Liquidity Alternatives and Impending Tax Issues,” Panelist, March 3, 2010, Houston, Texas
• M&A Insight 2009, “M&A Trends and Realities,” Panelist, May 14, 2009, Houston, Texas
• Guest Lecturer, Columbia Law School, April 16, 2009, “Management Buyout/Leveraged Financing Case Study”
• “Sale of the Business: Legal Issues from the Seller's Side, March 17, 2005,” presentation to Southwest CEO Council Meeting, Houston, Texas
• Co-author and speaker, “Selected Issues in Negotiating Purchase and Sale Agreements: Representations and Warranties, 'As-Is' Clauses and Other Provisions,” July 1999, South Texas College of Law Conference
• Author and speaker, “Choice of Entity,” March 1999, University of Texas Entertainment Law Institute

Prior to joining the firm, Mr. McCaffrey worked in the Houston office of another international law firm where he represented clients in complex mergers and acquisitions and corporate and securities matters. He is frequently asked to speak on panels relating to his practice, and has been a guest lecturer at Columbia Law School and at The University of Texas School of Law on several occasions, as well as authored numerous articles for various legal and trade publications. Since 2003, Mr. McCaffrey has been consistently named as a “Texas Super Lawyer,” and has been named one of “The Best Lawyers in America,” since 2006. In addition, he was named by Inside Houston Magazine as one of the “Best Lawyers in Houston Corporate Finance/Mergers,” (2002) and by law.com as one of “Texas’ Best Lawyers” (2008).

Mr. McCaffrey earned his B.B.A. with high honors from the University of Texas at Austin in 1982 and his J.D. with honors in 1985 from the University of Texas School of Law. He is a member of the State Bar of Texas, and is an active member of the Houston Bar Association, the American Bar Associations and the is a former director of the Houston Bar Association, Real Estate Law Section. In addition, Mr. McCaffrey is a member of the Alexis de Tocqueville Society of the United Way, the Advisory Board of Child Advocates, and was a volunteer with SPARKS and Truth and Training (AWANA).