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October 13, 2023
Join Nashville partner Bob Wade for the in-person Hawaii Regional Compliance Conference hosted by the Health Care Compliance Association (HCCA). This event offers attendees compliance training throughout each educational session, led by experienced healthcare professionals.
HCCA Hawaii Regional Healthcare Compliance Conference
Idea Exchange
Eric K. Graben
Partner
Greenville ONE
2 W. Washington Street
Suite 400
Greenville, SC 29601
2 W. Washington Street
Suite 400
Greenville, SC 29601
eric.graben@nelsonmullins.com
Eric represents public and private companies in corporate and securities law matters and complex transactions. He advises clients on a full range of corporate and commercial matters, including company formation and choice of entity, raising angel and venture capital, negotiating complex contracts, director and officer fiduciary duties, going public, and public company strategic transactions, including...
Eric represents public and private companies in corporate and securities law matters and complex transactions. He advises clients on a full range of corporate and commercial matters, including company formation and choice of entity, raising angel and venture capital, negotiating complex contracts, director and officer fiduciary duties, going public, and public company strategic transactions, including mergers and acquisitions, proxy contests, corporate reorganizations, securities offerings, and managing complex commercial relationships.
mergers and acquisitions, proxy contests, corporate reorganizations, securities offerings, and managing complex commercial relationships.
Experience
Following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.
Representative Matters
Recent Mature Company Transactions
- Represented private provider of consulting, engineering, and digital solutions to the transportation, aerospace, and defense industries in a leveraged recapitalization
- Represented private aerospace and defense solutions business in the acquisition of an industrial engineering and manufacturing company serving the aerospace, defense, and energy industries
Recent Entrepreneur Representations
- Represented growth-stage behavioral science and persona-based messaging company in Series A Preferred Stock private offering, subsequent follow-on Series A Preferred Stock bridge financing private offering, and private offering of Agreements for Future Equity in anticipation of Series B Preferred Stock private offering
- Represented medical device technology start-up in European Union cross-border Series A Preferred Equity capital raise
- Represented biomedical software company technology start-up in angel capital private offering
Representative Historical Transactions
- NASDAQ-traded medical equipment manufacturer
- Represented manufacturer in connection with its acquisition by a larger Canadian medical equipment manufacturer for approximately $80 million by way of an all-cash tender offer pursuant to an agreement and plan of merger in June 2017
- Represented medical equipment manufacturer in its acquisition of the assets of a Canadian manufacturer of hospital room furnishings for approximately $9.8 million in December 2011
- Represented the South Carolina Department of Health and Environmental Control in the transfer of its licenses to provide home health services in all 46 counties of South Carolina for approximately $18 million to a subsidiary of Kindred Healthcare, Inc. (NYSE:KND)
- Private equity owned aerospace logistics and engineering services firm
- Represented platform in its acquisition of another aerospace logistics and engineering services company in 2009
- Represented platform in its sale to a strategic buyer in February 2012
- Represented platform as a subsidiary of strategic buyer in its acquisition of a target specializing in facility services and fueling operations at airfields and military bases, in December 2012
- Represented founders of a private company who had built their business over 20 years in selling a majority interest in their company for over $50 million to two private equity funds
- Represented the founders as selling shareholders in its initial public offering
- Represented the founders as selling shareholders in secondary offerings on Form S-3
Luxury Jet Transactions
- Acquisition of a new Bombardier Global 5000 in 2007
- Acquisition of a new Gulfstream G650 in 2015
- Sale of a Gulfstream G650 in 2015
- Acquisition of a new Bombardier Global 6000 in 2016
Previous Professional Experience
- Greenville office of South Carolina law firm (1997–2022)
- Visiting Assistant Professor, Clemson University Political Science Department (1992–1994)
- Post-Doctoral Fellow, Los Alamos National Laboratory (1992)
Education
-
University of Virginia School of Law,
JD
(1997)
- Virginia Law Review, Editorial Board (1995–1997)
- Order of the Coif
- Lacy Withers Armor Scholar
-
University of Virginia, Graduate School of Arts & Sciences,
PhD,
Foreign Affairs
(1991)
- Hubert H. Humphrey Fellowship, U.S. Arms Control & Disarmament Agency (1990–1991)
- MacArthur Fellow; Center for International Security Studies at Maryland (1989–1991)
- National Science Foundation Fellow (1987–1990)
- University of Virginia Presidential Fellow (1986–1987, 1990–1991)
- University of Virginia, Graduate School of Arts & Sciences, MA, Foreign Affairs (1988)
- Clemson University, BS, Physics, summa cum laude (1986)
Admissions
- South Carolina
Following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.
Representative Matters
Recent Mature Company Transactions
- Represented private provider of consulting, engineering, and digital solutions to the transportation, aerospace, and defense industries in a leveraged recapitalization
- Represented private aerospace and defense solutions business in the acquisition of an industrial engineering and manufacturing company serving the aerospace, defense, and energy industries
Recent Entrepreneur Representations
- Represented growth-stage behavioral science and persona-based messaging company in Series A Preferred Stock private offering, subsequent follow-on Series A Preferred Stock bridge financing private offering, and private offering of Agreements for Future Equity in anticipation of Series B Preferred Stock private offering
- Represented medical device technology start-up in European Union cross-border Series A Preferred Equity capital raise
- Represented biomedical software company technology start-up in angel capital private offering
Representative Historical Transactions
- NASDAQ-traded medical equipment manufacturer
- Represented manufacturer in connection with its acquisition by a larger Canadian medical equipment manufacturer for approximately $80 million by way of an all-cash tender offer pursuant to an agreement and plan of merger in June 2017
- Represented medical equipment manufacturer in its acquisition of the assets of a Canadian manufacturer of hospital room furnishings for approximately $9.8 million in December 2011
- Represented the South Carolina Department of Health and Environmental Control in the transfer of its licenses to provide home health services in all 46 counties of South Carolina for approximately $18 million to a subsidiary of Kindred Healthcare, Inc. (NYSE:KND)
- Private equity owned aerospace logistics and engineering services firm
- Represented platform in its acquisition of another aerospace logistics and engineering services company in 2009
- Represented platform in its sale to a strategic buyer in February 2012
- Represented platform as a subsidiary of strategic buyer in its acquisition of a target specializing in facility services and fueling operations at airfields and military bases, in December 2012
- Represented founders of a private company who had built their business over 20 years in selling a majority interest in their company for over $50 million to two private equity funds
- Represented the founders as selling shareholders in its initial public offering
- Represented the founders as selling shareholders in secondary offerings on Form S-3
Luxury Jet Transactions
- Acquisition of a new Bombardier Global 5000 in 2007
- Acquisition of a new Gulfstream G650 in 2015
- Sale of a Gulfstream G650 in 2015
- Acquisition of a new Bombardier Global 6000 in 2016
Previous Professional Experience
- Greenville office of South Carolina law firm (1997–2022)
- Visiting Assistant Professor, Clemson University Political Science Department (1992–1994)
- Post-Doctoral Fellow, Los Alamos National Laboratory (1992)
Media
Recognitions
The bar rules of some states require that the standards for an attorney's inclusion in certain public accolades or recognitions be provided. When such accolades or recognitions are listed, a hyperlink is provided that leads to a description of the respective selection methodology.
- TALK Greenville Magazine's Top Lawyers List, Securities Law (2023)
- Chambers USA: America's Leading Lawyers for Business, Mergers & Acquisitions – South Carolina (2017–2023)
- Greenville Business Magazine "Legal Elite of the Upstate"
- Corporate Law - Banking & Finance (2023)
- Corporate Law - Business Organizations (2023)
- International (2022)
- Corporate Law - Mergers and Acquisitions (2022-2023)
- Corporate Law - Securities (2022-2023)
- South Carolina Super Lawyers, Mergers & Acquisitions (2021–present)
- S.C. Pro Bono Honor Role, Supreme Court of South Carolina (2019)
- The Best Lawyers In America®, Business Organizations (including LLCs and Partnerships) (2010–2024), Closely Held Companies and Family Businesses Law (2024), Corporate Law (2010–2024), Mergers and Acquisitions Law (2024), Securities/Capital Markets Law (2011–2024)
- Lawyer of the Year in Greenville, S.C. for Business Organizations (including LLCs and Partnerships) (2022)
- Lawyer of the Year in Greenville, S.C. for Corporate Law (2018)
- Lawyer of the Year in Greenville, S.C. for Securities/Capital Markets Law (2014)
- Urban League of the Upstate Volunteer of the Year Award (2011)
- South Carolina Bar Pro Bono Lawyer of the Year (1999)
- Thomas Marshall Miller Prize for Community Service, Virginia School of Law (1997)
- Robert F. Kennedy Award for Community Service, Virginia School of Law (1997)
- Rosenblum Award for Community Service, Virginia School of Law (1997)
Professional Activities
- Visiting Assistant Professor, Clemson University Political Science Department (1992–1994)
- Post-Doctoral Fellow, Los Alamos National Laboratory (1992)
- Co-Chair, Joint Task Force on Model Short Mergers & Acquisitions Agreements of the Middle Market & Small Business Committee and the Mergers & Acquisitions Committee of the Business Law Section of the American Bar Association (charged with creating model 15-20 page stock purchase and asset purchase agreements intended for use in merger and acquisition transactions with a purchase price in the $500,000 to $10 million range)
- American Bar Association, Business Law Section, Middle Market & Small Business Committee, Member
- American Bar Association, Business Law Section, Mergers & Acquisitions Committee, Member
Community
- Liberty Fellow, Class of 2007
- Greenville Chamber of Commerce
- Pendleton Place for Children and Families, Board of Directors (2015–2020)
- Urban League of the Upstate, Board of Directors, 2009-2014; General Counsel (2009–2011)
- Guardian Ad Litem for Children in DSS Abuse and Neglect cases, Volunteer (1998–2013)
- Caine Halter Family YMCA, Board of Advisors (2006–2011)
- Friends of the Greenville County Volunteer GAL Program, Board of Directors (2004–2006)
- Greenville Housing Authority, Board of Commissioners (2000–2007); Chairman (2006–2007)
- Palmetto Boys Shelter of Miracle Hill Ministries Volunteer (1998–2003)
Eric represents public and private companies in corporate and securities law matters and complex transactions. He advises clients on a full range of corporate and commercial matters, including company formation and choice of entity, raising angel and venture capital, negotiating complex contracts, director and officer fiduciary duties, going public, and public company strategic transactions, including... mergers and acquisitions, proxy contests, corporate reorganizations, securities offerings, and managing complex commercial relationships.
Experience
Following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.Representative Matters
Recent Mature Company Transactions
- Represented private provider of consulting, engineering, and digital solutions to the transportation, aerospace, and defense industries in a leveraged recapitalization
- Represented private aerospace and defense solutions business in the acquisition of an industrial engineering and manufacturing company serving the aerospace, defense, and energy industries
Recent Entrepreneur Representations
- Represented growth-stage behavioral science and persona-based messaging company in Series A Preferred Stock private offering, subsequent follow-on Series A Preferred Stock bridge financing private offering, and private offering of Agreements for Future Equity in anticipation of Series B Preferred Stock private offering
- Represented medical device technology start-up in European Union cross-border Series A Preferred Equity capital raise
- Represented biomedical software company technology start-up in angel capital private offering
Representative Historical Transactions
- NASDAQ-traded medical equipment manufacturer
- Represented manufacturer in connection with its acquisition by a larger Canadian medical equipment manufacturer for approximately $80 million by way of an all-cash tender offer pursuant to an agreement and plan of merger in June 2017
- Represented medical equipment manufacturer in its acquisition of the assets of a Canadian manufacturer of hospital room furnishings for approximately $9.8 million in December 2011
- Represented the South Carolina Department of Health and Environmental Control in the transfer of its licenses to provide home health services in all 46 counties of South Carolina for approximately $18 million to a subsidiary of Kindred Healthcare, Inc. (NYSE:KND)
- Private equity owned aerospace logistics and engineering services firm
- Represented platform in its acquisition of another aerospace logistics and engineering services company in 2009
- Represented platform in its sale to a strategic buyer in February 2012
- Represented platform as a subsidiary of strategic buyer in its acquisition of a target specializing in facility services and fueling operations at airfields and military bases, in December 2012
- Represented founders of a private company who had built their business over 20 years in selling a majority interest in their company for over $50 million to two private equity funds
- Represented the founders as selling shareholders in its initial public offering
- Represented the founders as selling shareholders in secondary offerings on Form S-3
Luxury Jet Transactions
- Acquisition of a new Bombardier Global 5000 in 2007
- Acquisition of a new Gulfstream G650 in 2015
- Sale of a Gulfstream G650 in 2015
- Acquisition of a new Bombardier Global 6000 in 2016
Previous Professional Experience
- Greenville office of South Carolina law firm (1997–2022)
- Visiting Assistant Professor, Clemson University Political Science Department (1992–1994)
- Post-Doctoral Fellow, Los Alamos National Laboratory (1992)
Education
-
University of Virginia School of Law,
JD
(1997)
- Virginia Law Review, Editorial Board (1995–1997)
- Order of the Coif
- Lacy Withers Armor Scholar
-
University of Virginia, Graduate School of Arts & Sciences,
PhD,
Foreign Affairs
(1991)
- Hubert H. Humphrey Fellowship, U.S. Arms Control & Disarmament Agency (1990–1991)
- MacArthur Fellow; Center for International Security Studies at Maryland (1989–1991)
- National Science Foundation Fellow (1987–1990)
- University of Virginia Presidential Fellow (1986–1987, 1990–1991)
- University of Virginia, Graduate School of Arts & Sciences, MA, Foreign Affairs (1988)
- Clemson University, BS, Physics, summa cum laude (1986)
Admissions
- South Carolina
Practice Areas
The bar rules of some states require that the standards for an attorney's inclusion in certain public accolades or recognitions be provided. When such accolades or recognitions are listed, a hyperlink is provided that leads to a description of the respective selection methodology.
- TALK Greenville Magazine's Top Lawyers List, Securities Law (2023)
- Chambers USA: America's Leading Lawyers for Business, Mergers & Acquisitions – South Carolina (2017–2023)
- Greenville Business Magazine "Legal Elite of the Upstate"
- Corporate Law - Banking & Finance (2023)
- Corporate Law - Business Organizations (2023)
- International (2022)
- Corporate Law - Mergers and Acquisitions (2022-2023)
- Corporate Law - Securities (2022-2023)
- South Carolina Super Lawyers, Mergers & Acquisitions (2021–present)
- S.C. Pro Bono Honor Role, Supreme Court of South Carolina (2019)
- The Best Lawyers In America®, Business Organizations (including LLCs and Partnerships) (2010–2024), Closely Held Companies and Family Businesses Law (2024), Corporate Law (2010–2024), Mergers and Acquisitions Law (2024), Securities/Capital Markets Law (2011–2024)
- Lawyer of the Year in Greenville, S.C. for Business Organizations (including LLCs and Partnerships) (2022)
- Lawyer of the Year in Greenville, S.C. for Corporate Law (2018)
- Lawyer of the Year in Greenville, S.C. for Securities/Capital Markets Law (2014)
- Urban League of the Upstate Volunteer of the Year Award (2011)
- South Carolina Bar Pro Bono Lawyer of the Year (1999)
- Thomas Marshall Miller Prize for Community Service, Virginia School of Law (1997)
- Robert F. Kennedy Award for Community Service, Virginia School of Law (1997)
- Rosenblum Award for Community Service, Virginia School of Law (1997)
- Visiting Assistant Professor, Clemson University Political Science Department (1992–1994)
- Post-Doctoral Fellow, Los Alamos National Laboratory (1992)
- Co-Chair, Joint Task Force on Model Short Mergers & Acquisitions Agreements of the Middle Market & Small Business Committee and the Mergers & Acquisitions Committee of the Business Law Section of the American Bar Association (charged with creating model 15-20 page stock purchase and asset purchase agreements intended for use in merger and acquisition transactions with a purchase price in the $500,000 to $10 million range)
- American Bar Association, Business Law Section, Middle Market & Small Business Committee, Member
- American Bar Association, Business Law Section, Mergers & Acquisitions Committee, Member
- Liberty Fellow, Class of 2007
- Greenville Chamber of Commerce
- Pendleton Place for Children and Families, Board of Directors (2015–2020)
- Urban League of the Upstate, Board of Directors, 2009-2014; General Counsel (2009–2011)
- Guardian Ad Litem for Children in DSS Abuse and Neglect cases, Volunteer (1998–2013)
- Caine Halter Family YMCA, Board of Advisors (2006–2011)
- Friends of the Greenville County Volunteer GAL Program, Board of Directors (2004–2006)
- Greenville Housing Authority, Board of Commissioners (2000–2007); Chairman (2006–2007)
- Palmetto Boys Shelter of Miracle Hill Ministries Volunteer (1998–2003)
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