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Philip R. Koutnik
Attorney
555 East Wells Street
Suite 1900
Milwaukee, WI 53202-3819
Direct: (414) 978-5310
Fax: (414) 223-5000


Corporate Transactions
Phil Koutnik is an associate in the Milwaukee office of Whyte Hirschboeck Dudek S.C. where he is a member of the Corporate Transactions Team. Mr. Koutnik also works with the Emerging & Entrepreneurial Companies Team where he assists developing companies in their various stages of growth.

Education

  • Marquette University Law School, J.D., cum laude; Associate Editor, Marquette Law Review
  • Marquette University, B.A., magna cum laude

Admissions

  • State Bar of Wisconsin

Representative Work

  • Participated in the Chapter 11 restructuring of the country's second largest ductile iron foundry company with eight plants in six states, focusing primarily on the related asset sales and transactions, the aggregate size of which exceeded $100 million.
  • Assisted a Fortune 5 company in complex domestic and international healthcare commercial transactions.
  • Assisted a Milwaukee-based registered investment advisor with the preparation of repurchase transaction documentation for use in connection with various warehouse lending facilities ranging in size between $50 and $150 million and involving government guaranteed loan program assets.
  • Participated in dozens of purchase and sale transactions, including acquisitions of portfolio companies for a private equity client.
  • Negotiated and prepared letters of intent, purchase agreements, and other ancillary documents used in connection with the purchase and sale of assets and business entities.
  • Participated in many transactions involving ownership succession planning and similar corporate restructurings.
  • Helped clients raise capital by assisting with several private offerings of securities pursuant to various exemptions from registration under the Securities Act of 1933 and state securities laws.
  • Assisted with complex strategic transactions among companies in the seed and agriculture industry.
  • Negotiated and drafted terms and conditions and commercial contracts pertaining to the sale of goods under the Uniform Commercial Code.
  • Drafted and assisted with the negotiation of long term domestic and international supply agreements.
  • Advised clients on their existing commercial contracts and coordinated the drafting and implementation of template agreements for use in various settings.
  • Drafted and negotiated subcontract agreements, vendor agreements, confidentiality, nonuse, and nondisclosure agreements, intellectual property assignment agreements, and various other documents used by businesses on a day-to-day basis.
  • Prepared and negotiated indemnification and limitation of liability provisions, disclaimers, and various other provisions and agreements related to the allocation of risk and liability among contracting parties.
  • Assisted with counseling clients on the federal antritrust laws, including issues relating to price discrimination, supply chain dealings, and anti-competitive practices.
  • Represented and advised clients with respect to the formation of limited liability companies, corporations, and other business entities, including non-traditional joint venture arrangements.
  • Conducted substantial due diligence on behalf of both target and acquisition entities.
  • Served as counsel to business owners and executives on a wide array of corporate and organizational matters.

Professional Associations

  • State Bar of Wisconsin
  • Milwaukee Young Lawyers Association
  • American Bar Association

Community Involvement

  • Public Policy Forum, Board of Trustees
  • National Kidney Foundation of Wisconsin, Board of Directors
  • Early Music Now, Board of Directors

Articles and Presentations