Michael Caughey’s practice focuses on business transactions particularly within the payment systems and technology industries. Michael represents a range of major credit card issuers in connection with program agreements relating to co-branded and private label credit cards, portfolio sale transactions, processing agreements, mobile wallet, and other technology endeavors. He also represents a range of technology firms from startups to Fortune 500 technology companies, primarily in connection with corporate financing and M&A transactions. In addition, he has extensive experience with joint ventures, credit agreements, note financings, technology licenses, and commercial contracts.
Credit card program agreements and processing agreements for U.S. credit card issuers, processors and acquirers
Represent multiple U.S. credit card issuers in connection with co-branded card agreements with airline, big box and specialty retailers and related affinity/loyalty programs and private label credit card programs; represent processors and acquirers in connection with transaction processing agreements. (Ongoing)
Represent various U.S. retailers and credit card issues in connection with the sale of fixed and revolving accounts and related receivables. (Ongoing)
Acquisitions and dispositions of technology businesses and assets for Microsoft Corporation
Strategic Investments, acquisitions and dispositions of technology businesses and assets. (Ongoing)
Emerging company representations
Represent a variety of emerging companies primarily in the software and payments industries, focusing primarily on financing transactions, M&A and complex commercial transactions. (Ongoing)
Acquisition of MarketingPilot Software LLC by Microsoft
Represented Microsoft in the acquisition of MarketingPilot Software, LLC, maker of automated marketing campaign software. (2012)
Joint venture for Microsoft
Represented Microsoft in a health care IT joint venture with GE, creating Caradigm. (2012)
Credit card receivables acquisition
Represent financial institution in connection with the acquisition of a $150 million private label credit card portfolio. (2012)
Debt financing for JELD-WEN, Inc.
Acted as issuer’s counsel in connection with the 144A offering of JELD-WEN, Inc.’s $460,000,000 of senior secured notes. (2011)
Development - electric for Summit Power Group
Representation of developer of a 400 MW IGCC (coal gasification with carbon capture) power plant near Odessa, Texas; a $1.5 billion greenfield power project funded in part with a significant DOE demonstration stimulus grant. (2010)
Tender offer and short-form merger for Bristol-Myers-Squibb
Local counsel in $885 million acquisition of ZymoGenetics, Inc. (2010)
Represented the buyer in the acquisition of Citibank N.A.'s portfolio of performing multifamily and commercial loans.
Debt refinancing for privately held company
Represented a privately held company in the restructuring of approximately $1.5 billion of senior debt consisting of senior notes and domestic and European credit facilities.