Paul Eklund is a partner in Nutter’s Corporate and Transactions Department, chairs the firm’s Investment Funds practice group, and is a member of the Commercial and Real Estate Finance and Philanthropy practice groups. Middle market companies, family-owned businesses, financial institutions, real estate developers and institutions, and not-for-profit organizations all rely on his 35+ years of experience and judgment in mergers and acquisitions, joint ventures and partnerships (both real estate and corporate), fund formations, corporate governance, finance, and business succession planning. Manufacturers and distributors, health care companies, health insurers, and start-ups rely on his experience and judgment in facilitating their various business arrangements and growth. Financial institutions rely on his experience and judgment in asset-based, health care, and REIT lending, as well as mezzanine, subordinate, and bond financings. Paul’s clients include Bank of America, TD Bank, Tufts Health Plan, Pine Street Inn, Lallemand Inc., Tedeschi Food Shops, Equity Resource Investments, and PYMNTS.com.
Notable Experience and Client Impact
- Represented Palisade Corporation, an Ithaca, New York-based provider of risk modeling and decision analysis software, in its recapitalization by Thompson Street Capital Partners (TSCP), a private equity firm based in St. Louis.
- Assisted a not-for-profit corporation in its consolidation with another not-for-profit corporation in a similar but complementary line of business. Provided advice on the structure of the transaction, both from the tax exempt, regulatory, and corporate perspectives. Documented and negotiated the transaction, and provided advice to the Board of Directors on governance considerations.
- Represented a not-for-profit corporation in a restructuring of its unusual and complicated corporate structure involving not-for-profit and for-profit corporations. Provided tax, corporate, regulatory, and governance advice to our client to enable it successfully to complete the restructuring.
- Assisted an international manufacturing company in completing many strategic acquisitions of complementary, worldwide businesses, including resolution of issues related to significant IP assets and earn-out payments, and provided advice on many joint ventures and other strategic alliances.
- Represented a health insurance company in its acquisition of a not-for-profit Medicaid provider of health insurance, which included earn-outs, and in its acquisition of a for-profit durable medical equipment supply company.
- Assisted a privately-held real estate company in the corporate restructuring of its complex organizational structure, including the admission of an additional partner, and the buyout of the company’s investors in a myriad of partnerships, limited liability companies, and corporate general partners/managers.
- Represented a large regional convenience store chain in its sale to a strategic buyer. The transaction involved many stores, some of which were owner-occupied real estate and some of which were leased, some of which were company-operated and others of which were franchised, some of which sold liquor and/or gasoline, and all of which sold lottery tickets.
- Helped a regional distributor in its roll-up strategy, which included numerous acquisitions in same vertical space throughout the Northeast.
- Served as special counsel to the Board of Governors in connection with sale of the system to for-profit entity. Nutter was independent counsel to the Board with respect to fiduciary duties and processes in evaluating and approving the proposed transaction, and provided advice with regard to officers and directors liability insurance.
- Represented the lender to a hospital system, including acquisition financing, bond financing, and revolving lines of credit.
- Represented various lenders in their loans to real estate investment trusts, real estate funds and other real estate sponsors.
Paul stays up to date through his involvement in several professional organizations as a member of the Association for Corporate Growth, the Family Firm Institute, and the National Association of Industrial and Office Properties. He is a member of the American, Massachusetts, and Boston Bar Associations. A sought-after author, Paul has written many articles on real estate funds and serves as the editor of LexisNexis’ Massachusetts Corporate Forms.
- Bjorkman Industrial Power Corporation
Nutter represented the stockholders of Bjorkman Industrial Power Corp., a supplier of batteries and chargers in the power industry, in the sale of stock to MHS Gamma, Inc.
- Wainscot Media, LLC
Nutter represented Wainscot Media, LLC in its acquisition of the assets of Symphony NY Publishing, LLC, including the magazine brands Footware Plus and Earnshaw’s.
- Orleans Auto Supply, Inc.
Nutter represented Orleans Auto Supply, Inc., a supplier of automotive parts and supplies, in its sale to Genuine Parts Company.
- Powerhouse Dynamics
Nutter represented Powerhouse Dynamics, a software company based in Newton, MA, when it was acquired by merger by Middleby Corporation, a publicly traded commercial and residential cooking and industrial process equipment company based in Elgin, IL. Powerhouse Dynamics uses cloud-based controls and analytics to deliver enterprise-wide operational efficiency, food safety, and energy efficiency solutions to portfolios of small commercial facilities, including restaurants, convenience stores, retailers, and more.
- Veracross LLC
Represented Veracross LLC, a provider of software and services to independent primary and secondary schools, in its majority recapitalization by BV Investment Partners, a middle-market private equity firm focused on the business services, software, and IT services sectors.
- Lallemand USA, Inc.
Nutter advised Lallemand USA, Inc. when it acquired Scott Laboratories Inc. (USA) and Scott Laboratories Ltd. (Canada), privately-held companies specializing in value-added products for the North American wine, craft brewing, and distilled spirits industries.
- Lallemand USA, Inc.
Nutter represented Lallemand USA, Inc. in its acquisition of the Hutchinson, MN yeast manufacturing operations of Ohly.
- Palisade Corporation
Nutter represented Palisade Corporation, an Ithaca, New York-based provider of risk modeling and decision analysis software, in its recapitalization by Thompson Street Capital Partners (TSCP), a private equity firm based in St. Louis, MO.
- Phoenix Property Company/Lincoln Property Company
Nutter represents a joint venture between Phoenix Property Company / Lincoln Property Company and an institutional investor in the permitting and transactional aspects of a large, complex, multi-party residential/hotel/retail mixed-use project with underground garage to be constructed on land known as Parcel K in Boston’s Seaport District.
- Privately-held real estate company
Nutter advised a privately-held real estate company in a corporate restructuring of a complex organizational structure, including admission of an additional partner and the buyout of the company’s investors in a myriad of partnerships, limited liability companies, and corporate general partners/managers
- Family-owned distributor
Nutter advised a family-owned distributor on a roll-up strategy and numerous acquisitions in the same vertical space throughout the Northeast.
- Leading automobile dealership
Nutter represented a leading automotive dealership in the acquisition of 14 dealerships and related real estate throughout New England.
- Privately-held international manufacturing company
Nutter represented a privately-held international manufacturing company in the strategic acquisitions of several complementary, worldwide businesses. We provided the resolution of issues related to significant IP assets, which included earn out payments over time.
- Top-rated health plan
Nutter represented a top-rated health plan in the acquisition of a Medicaid provider of health insurance in a transaction valued at $130 million and included earn-outs.
- Major nonprofit hospital system
Nutter acted as special counsel to the Board of Governors of a major nonprofit hospital system in connection with the sale of the system to a for-profit entity. We were independent counsel to the Board with respect to fiduciary duties and processes in evaluating and approving the proposed transaction. Nutter also provided advice with regard to officers and directors liability insurance.
- Nonprofit merger
Nutter represented a nonprofit corporation in its consolidation with another not-for-profit corporation in a similar but complementary line of business. We provided advice on the structure of the transaction, from the tax exempt, regulatory, and corporate perspectives. We documented and negotiated the transaction, and provided advice to the board of directors on governance considerations.
- Nonprofit restructuring
Nutter represented a nonprofit corporation in a restructuring of its unusual and complicated corporate structure involving not-for-profit and for-profit corporations. We provided tax, corporate, regulatory, and governance advice to our client to enable it successfully to complete the restructuring.
News & Insights
- 12.06.2018 | Press Release
- 01.10.2018 | Press Release
- Boston Business Journal, 01.15.2010
- Boston Business Journal, 01.16.2009
- The Real Estate Finance Journal, Winter 2009
- 06.29.2020 | Legal Update
- 06.17.2020 | Legal Update
- 05.28.2020 | Legal Update
- 04.29.2020 | Legal Update
- Effects of COVID-19 on the M&A Market: Working Capital Adjustments; Due Diligence; Representations; Post-Signing Considerations04.15.2020 | Legal Advisory
- 04.10.2020 | Legal Update
- 04.06.2020 | Legal Update
- 04.03.2020 | Legal Advisory
- 03.31.2020 | Legal Update
- 03.27.2020 | Legal Update
- Special Edition Nutter Bank Report: Federal Reserve Announces Extraordinary Second Wave of New Initiatives in Response to the Global Pandemic03.24.2020 | Legal Update
- Massachusetts Super Lawyers, 2004-2005
Education & Admissions
Harvard Law School, J.D., cum laude
Williams College, B.A., magna cum laude
A sought-after author, Paul has written many articles on real estate funds and serves as the editor of LexisNexis’ Massachusetts Corporate Forms.
- Massachusetts Super Lawyers, 2004-2005