Wesley D. Cain

Experience

Corporate

• Represented private investment group in connection with investment fund structuring and financing for $25,000,000 acquisition transaction.
• Advised point of care media and advertising company and its founder and President and Chief Executive officer on partnership debt and equity structuring and funding in connection with sale of the company for $75,000,000 to a private equity-backed technology platform company.
• Represented developer client in connection with the formation, structuring, and financing of a qualified opportunity fund.

Nonprofit

• Represented a tax-exempt college and provided advice on endowment and institutional fund issues in connection with the college’s disaffiliation from a larger university.
• Advised a tax-exempt school on endowment and institutional fund matters and compliance issues following the sale of the school’s operating assets to a for-profit entity.
• Represented a tax-exempt social welfare organization in connection with its dissolution and distribution of its charitable funds pursuant to a cy pres action.
• Advised US and foreign charities on tax-exemption compliance related to cross-border charitable activities and donations.
• Experience structuring and drafting charitable fund governing instruments including endowment declarations, charitable lead trusts, charitable remainder trusts, and gift modification agreements.
• Experience converting public charities to private foundations, public charities to supporting organizations, and private foundations to supporting organizations.
• Formed and advised 501(c)(3) organizations for social services and social welfare, scholarship grant making, youth sports, affordable housing, historical preservation, and small share farming.
• Formed and advised 501(c)(4) organizations for political action and lobbying.
• Represented and advised a broad spectrum of 501(c)(3) organizations including schools, colleges, hospitals, youth camps, and grant making foundations as well as organizations providing services related to social welfare, youth sports, affordable housing, land conservation and historic preservation, religious and faith-based activities, arts and humanities, and small share farming.
• Provided guidance on corporate governance, unrelated business income tax, private inurement and private benefit transactions, and intermediate sanctions.