Test Pro

Benjamin D. Hicks is a business attorney with extensive experience representing private businesses in corporate transactional matters, including routinely advising clients in mergers, acquisitions, corporate finance transactions, and general corporate matters. Mr. Hicks represents business clients across the life cycle of a business, advising early-stage businesses in entity formation and structuring matters, growth-stage businesses in investment and corporate governance matters, and providing general corporate counsel to mature businesses.

Additionally, Mr. Hicks advises financial institutions and investors in corporate finance transactions and portfolio company management. He counsels clients of all sizes on corporate governance matters and commercial transactions. Mr. Hicks also routinely represents clients in connection with government investigations and regulatory compliance matters.

Memberships

North Carolina Bar Association
South Carolina Bar Association
Mecklenburg County Bar Association

Speaking Engagements

“Business Structures and IP Protection” presentation, Taking the Leap CLT, October 2019

Services

Education

College of Charleston, B. A.
University of South Carolina School of Law, J.D.

Admissions

North Carolina

The United States District Court for the Western District of North Carolina
The United States District Court for the Middle District of North Carolina
The United States District Court for the Eastern District of North Carolina.

South Carolina

The United States District Court for the District of South Carolina

New CFIUS Regulations Add Another Layer of Regulatory Considerations to Transactions Involving Foreign Investors

Earlier this year, new regulations promulgated by the Committee on Foreign Investment in the U.S. (the “CFIUS”) that implement the Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA”) took effect, strengthening the oversight authority and expanding the jurisdictional reach of the CFIUS. Although the new CFIUS regulations initially went largely unnoticed by the vast ...

November 11, 2020

Delaware Court of Chancery Refuses to Extend Merger Deadline When Merger Party Failed to Provide Proper Notice of Extension

In a recent opinion, the Delaware Court of Chancery held that a party to a merger agreement properly terminated the merger agreement when its counterparty failed to extend the merger deadline by providing the required notice. In Vintage Rodeo Parent, LLC v. Rent-a-Center, Inc., two parties to the merger agreement negotiated a provision providing that ...

September 12, 2019

Delaware Court of Chancery Holds a Fully Executed Warrant Agreement is an Invalid Contract Because There Was No Meeting of the Minds

In a post-trial memorandum opinion, the Court of Chancery held that a fully executed warrant agreement between an early employee and her employer did not reflect a meeting of the minds and therefore there was no valid contract. Significant to the Court’s decision was the limited contemporaneous evidence that existed related to the negotiations surrounding ...