Tobin Sullivan is a versatile corporate and securities attorney who counsels clients regarding a wide range of transactional and corporate law matters.
Tobin has been named a Massachusetts Super Lawyers Rising Star.
Business & Technology: counsel for businesses ranging from start-ups, to pre-IPO companies, to global public companies in a variety of corporate transactions and business matters, including national and cross-border mergers and acquisitions, venture capital equity financings, corporate governance matters, public company reporting and SEC compliance.
Private Equity & Venture Capital: transactional counsel to leading private equity and venture capital firms in software and technology, biotech, HealthIT, healthcare services and telecommunications on minority and growth equity investments, buyouts and recapitalizations.
Business & Technology Engagements:
- Represented OneWeb in a $1.25 billion financing round led by SoftBank, Qualcomm Technologies and Grupo Salinas.
- Represented Datawatch Corporation (Nasdaq: DWCH) in its $176 million sale to Altair Engineering (Nasdaq: ALTR).
- Represented Examity Inc. in securing a $90 million growth equity investment from private equity firm Great Hill Partners.
- Represented BioRx in its $350 million sale to Diplomat Pharmacy (NYSE: DPLO).
- Representation of Cyteir Therapeutics in equity financing by Venrock Partners, Celgene, Lightstone Ventures, and DROIA Oncology Venture.
- Represented U.S. public life sciences company in strategic acquisition of privately held life sciences company based in Switzerland.
- Represented Cosman Medical in sale to Boston Scientific (NYSE: BSX).
- General counsel to satellite broadband company, including advising on its $1+ billion equity financing led by SoftBank.
- Represented FP Resources USA Inc. in the take-private acquisition of The First Marblehead Corporation (NYSE: FMD).
- Represented Datawatch Corporation (NASDAQ: DWCH) in its acquisition of Angoss Software Corporation, a Canadian data analytics company.
- Represented Nasdaq-listed life sciences company in $75 million follow-on offering.
Private Equity & Venture Capital Engagements:
- Represented leading private equity funds in growth equity investments in biotech companies.
- Represented leading private equity fund in its investment in an omni-channel retail software supplier and the company’s subsequent sale to a private-equity buyer.
- Represented private equity fund in $200+ million leveraged buyout of specialty hardware component manufacturer.
- $220+ million sale of private-equity backed fiber-optic bandwidth infrastructure services provider operating in the Northeast United States.
- Represented medical device company and its private equity sponsor in $33 million sale to Irish-based public company.
- Representation of Texas-based private equity fund in its growth equity investment in an oil and gas services company based in Canada.
Publications and Presentations
Professional and Community Involvement
Tobin is actively involved in corporate pro bono work for the Center for Women & Enterprise and has represented pro bono clients from the Lawyer’s Clearinghouse — Massachusetts Legal Clinic for the Homeless. He is currently a member of the Boston Bar and American Bar Associations. He currently serves on Choate’s Hiring Committee.
Education & Credentials
- Northeastern University School of Law
- JD, 2012
- Staff Member, Northeastern University Law Journal
- Cornell University
- BS, 2007
In the face of deteriorating financial conditions for a business, directors should revisit the fiduciary duties they owe to the business and be particularly attuned to the question of which parties are the proper beneficiaries of those duties.
The Small Business Administration (SBA) continued its incremental rollout of guidance for borrowers under the Paycheck Protection Program (PPP), with two interim final rules issued on the eve of Memorial Day Weekend.
Choate represented Bain Capital Life Sciences as lead investor in the $215 million Series D financing in Atea Pharmaceuticals.
Since late April, the SBA has released multiple pieces of guidance under its Paycheck Protection Program (“PPP”) relating to the requirement that borrowers demonstrate need for PPP funds in order to be eligible for a loan.
On April 30, 2020, the U.S. Federal Reserve published an FAQ and revised term sheets with new details regarding the Main Street Lending Program, including expanded eligibility for program loans and a new loan category.
New guidance has been issued by the Treasury Department on the financial need requirement for seeking a Paycheck Protection Program loan. This will push applicants that have other potential avenues for funding to weigh economic and PR considerations. Earlier borrowers, as well as those making applications now, should be mindful of the risks relating to taking a PPP loan in the absence of demonstrated need.