The M&A Advisor Recognizes Berger Singerman LLP for its Work on the Sale of Delphi Behavioral Health Group, LLC and the Acquisition of Bang Energy by Monster Beverage During its 22nd Annual Awards
November 29, 2023
MIAMI, FL – Wednesday, November 29th, 2023 – Berger Singerman is pleased to announce that the firm recently received two awards from The M&A Advisor at the sold-out 22nd Annual M&A Advisor Awards & 2023 Future of Dealmaking Summit held in New York City on November 15th. The firm received The M&A Advisor’s Restructuring Deal of the Year ($250 million to $1 billion) for its involvement as general bankruptcy co-counsel in the Chapter 11 bankruptcy cases of Vital Pharmaceuticals, Inc. and its affiliated debtors. Berger Singerman was also recognized as a recipient of The M&A Advisor’s Healthcare/Life Sciences Deal of the Year ($50 million to $100 million) for its involvement as general bankruptcy counsel in the Chapter 11 bankruptcy cases of Delphi Behavioral Health Group, LLC and its affiliated Debtors. This year, over 350 nominees, representing over 500 companies, became finalists for the awards. An independent judging panel evaluated the finalists and selected the small group of winners.
A Berger Singerman team led by Paul Steven Singerman, Christopher Andrew Jarvinen, Robin J. Rubens, and Paul A. Avron represented the debtors, Delphi Behavioral Health Group, LLC, in its Chapter 11 cases which included the sale of substantially all of the debtors’ assets comprising their business operations. The team also included Daniel Lampert, Michael P. Levinson and Marlene M. Duarte. Prior to the sale, the debtors operated inpatient and outpatient behavioral healthcare services in the substance use disorder, addiction, and mental health treatment space in the United States, operating 15 facilities throughout the country.
A Berger Singerman team led by Jordi Guso and Michael J. Niles served as co-counseled to the debtors, Vital Pharmaceuticals, Inc. ("VPX") and six of its affiliated debtor entities, in their Chapter 11 bankruptcy cases which included a §363 sale of substantially all of the debtors' assets to an affiliate of Monster Beverage for $362 million dollars. Prior to the filing of the bankruptcy cases, VPX was hit with almost $500 million dollar judgments from trademark infringement and false advertising suits filed by Monster Beverage which led to the bankruptcy filings. The cases brought a number of unique and complicated issues, including corporate governance issues, the termination of the sole shareholder from the board of directors, tax issues, and litigation over ownership of VPX's intellectual property (social media accounts). The team also included Robert W. Barron, Bryan S. Appel, Erin M. Hoskins, and Clay B. Roberts.