Benjamin A. Korte
Biography
Ben is an Associate in the firm’s Norfolk office. His commercial practice involves advising a diverse range of different kinds of businesses on corporate, banking and finance, contract negotiation, healthcare, mergers and acquisitions (M&A), and patent matters.
A substantial portion of Ben’s healthcare practice involves working with medical groups by advising on and assisting with the implementation of strategic integration opportunities, whether by physician lease arrangements, network integrations, ancillary joint ventures, or M&A. With healthcare regulatory issues often being intertwined with such opportunities, he also helps medical groups navigate compliance issues presented by healthcare regulatory matters involving the Anti-Kickback Statute, Stark Law, Medicare, and the multitude of other applicable healthcare regulatory laws.
Ben’s M&A practice focuses on advising buyers or sellers on middle market private equity transactions that frequently involve F reorganizations, representations and warranties insurance, extensive due diligence, and rollover equity.
Ben’s patent practice is concentrated in the preparation and prosecution of patents involving a wide variety of technologies including electronics, information and communication technologies, industrial technologies, and mechanical technologies, with a focus on touchscreen functionalities and artificial intelligence, augmented reality, and robotics applications. He also provides analysis on patent validity and infringement issues and conducts patent due diligence in transactional matters.
Representative Matters
- Represented the seller as a part of a team of eight attorneys in the sale of a large set of trade schools across the United States to a buyer backed by an emerging manager private equity fund, in a transaction involving a pre-closing restructuring that included F reorganizations and a divestiture of an asset-rich division to an affiliate of the seller, in connection with a planned gift of that asset division to a nonprofit museum, taking the lead on due diligence matters and assisting with the revising of the principal and ancillary transaction documents and the structuring and drafting of documents related to the pre-closing restructuring.
- Represented the seller as part of a team of two attorneys in the sale of a government contractor business providing marine towing operations and related services in a private equity rollup acquisition with representations and warranties insurance, taking the lead on due diligence matters and assisting with the revising of the principal and ancillary transaction documents.
- Represented an academic medical group as part of a team of two attorneys in connection with an arrangement involving the lease of certain of its employed physicians to another medical group affiliated with a health system for the purpose of staffing a maternal fetal medicine practice exclusively by such employed physicians.
- Represented the seller parties as part of a team of four attorneys in a private equity platform acquisition involving the sale of the seller’s non-clinical assets to a private equity-backed management services organization for sleep medicine practices in a transaction involving rollover equity and a pre-closing restructuring that included an F reorganization and the establishment of a friendly PC MSO arrangement, assisting with the revising of management services organization affiliation documents and the structuring and drafting of documents related to the pre-closing restructuring.
- Represented the seller parties as part of a team of six attorneys in a private equity platform acquisition wherein a physician-led organization backed by multiple private equity sponsors purchased the securities of a large cardiology practice, in a transaction involving a pre-closing F reorganization, rollover equity, and representations and warranties insurance, taking the lead on due diligence matters and assisting with the revising of the principal and ancillary transaction documents and the structuring and drafting of documents related to the F reorganization and rollover equity.
- Represented the seller parties as part of a team of six attorneys in a private equity platform acquisition wherein a private-equity sponsored organization purchased the securities of a medium-sized cardiology practice and a freestanding vascular care center affiliate of the practice, in a transaction involving a pre-closing F reorganization, rollover equity and representations and warranties insurance, taking the lead on due diligence matters and assisting with the structuring and drafting of documents related to an the F reorganization.
- Represented on the buy side as a part of a team of three attorneys, a group of service-disabled veterans in an entrepreneur-through-acquisition transaction of a service-disabled veteran-owned small business providing support to the Department of Defense wherein the acquisition was predominantly financed by a 7(a) loan from the Small Business Administration, assisting with the drafting and revising of principal and ancillary transaction documents.
- Represented the seller as a part of a team of two attorneys with respect to a divestiture of substantially all of the assets of one of its three core businesses involving pest extermination services through a sale to a private equity-backed buyer in a rollup transaction, taking the lead on due diligence matters and assisting with the revising of the principal and ancillary transaction documents.
Recognition & Honors
- Chartered Alternative Investment Analyst (CAIA)
- University of Richmond Law Review; Manuscripts Editor
- Portsmouth Circuit Court; Law Clerk, 2020-2022
Associations
- Virginia Bar Association; Health Law Section Council, Young Lawyer Representative
- Norfolk-Portsmouth Bar Association
- Association for Corporate Growth, Richmond Chapter
Admissions
- Virginia, 2022
- United States Trademark and Patent Office
Education
- University of Virginia; B.A., 2013
- University of Richmond School of Law; J.D., cum laude, 2020
- University of Richmond; MBA, 2020