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Evan M. Malloy

Biography
Evan M. Malloy represents a variety of publicly-traded and privately-held corporate clients in complex mergers and acquisitions including negotiated acquisitions and divestitures and controlled auctions in the US and Canada. Among numerous others, Mr. Malloy has represented TPG Capital, the BMS Enterprises, Novaria Group,  the Lower Colorado River Authority, Sabre Corporation, Preferred Pump & Equipment and AZZ Inc. in connection with mergers and acquisitions transactions.  Mr. Malloy also regularly advises clients on various aspects of corporate and securities laws including financial reporting, SEC compliance and corporate governance matters.  Additionally, he has extensive experience assisting clients with various capital markets transactions involving public and private issuances of debt and equity securities.

Mr. Malloy has been repeatedly recognized as a Top Lawyer by Fort Worth, Texas magazine and as a Rising Star by Texas Monthly in the field of mergers and acquisitions. Mr. Malloy has also been recognized as a 40 Under 40 honoree by the Fort Worth Business Press.

In addition to his practice at Kelly Hart, Mr. Malloy has served as an adjunct professor at the Texas A&M University School of Law, where he taught a class in Entrepreneurship and the Law.

Experience and highlights
Mergers and Acquisitions
  • Led the representation of a privately owned construction services company in its $330 million sale to a private equity firm
  • Led the representation of Novaria Group and its affiliates in numerous acquisitions of US and Canadian manufacturers for the aerospace and defense industries, including its 2014 acquisition of Weatherford Aerospace, its 2015 acquisitions of the Sky and ESNA divisions from MacLean-Fogg Component Solutions, its 2017 acquisition of Electronic Hardware Limited and its 2019 acquisition of Acra Aerospace
  • Led the representation of URGO Group in its acquisition of the assets of Realm Therapeutics
  • Led the representation of SteadMed Medical in its sale of a majority interest to an affiliate of URGO Group
  • Led the representation of Atco Rubber Products, Inc. in its sale to Mueller Industries, Inc. (NYSE) for approximately $162 million
  • Led the representation of a US-based medical device distributor in its sale to a French strategic competitor
  • Led the representation of a private seller in its $100 million sale of a portfolio of cell phone towers and related business to a strategic competitor
  • Led the representation of New Birmingham, Inc. in its $225 million sale to U.S. Silica Holdings, Inc. (NYSE) and its related spin-off of its iron ore business and certain other assets
  • Led the representation of American Beacon Advisors, Inc. (a portfolio company of TPG Capital and Pharos Capital Group) in its sale to Kelso & Company and Estancia Capital Management
  • Led the representation of Williams Trew Real Estate Services, LLC in the sale of substantially all of its assets to Ebby Halliday, Inc
  • Led the representation of a manufacturer of drilling machinery in the $65 million sale of its business to a strategic competitor
  • Led the representation of Hastings Entertainment, Inc. (NASDAQ) in connection with its acquisition by an affiliate of National Entertainment Collectibles Association, Inc. for a total equity value of approximately $76 million
  • Led the representation of Sabre Corporation (NASDAQ) in connection with its acquisition of the assets of Genares Worldwide Reservation Services, Ltd.
  • Led the representation of Preferred Pump & Equipment, L.P. in the acquisition and sale of multiple water well drilling and pump distribution businesses throughout the United States
  • Led the representation of a software company in connection with its $60 million sale to a strategic competitor
  • Led the representation of a specialty lending company in connection with a corporate restructuring involving equity commitments from two private equity firms and in the subsequent acquisitions of multiple consumer finance and rent-to-own businesses
  • Led the representation of an automotive accessories company in connection with the $60 million sale of its assets to a private equity firm
  • Led the representation of a fixed base operator in connection with the $26 million sale of its assets and operations at an international airport
  • Led the representation of a U.S. and Canadian investor group in connection with its multimillion dollar acquisition of a Canadian manufacturer of oil and gas drilling products
  • Represented AZZ incorporated (NYSE) in its $250 million acquisition of Aquilex Specialty Royalty and Overhaul L.L.C.
  • Represented AZZ incorporated (NYSE) in the $126 million acquisition of North American Galvanizing & Coatings, Inc. (NASDAQ) through a tender offer and subsequent merger
  • Represented AZZ incorporated (NYSE) in the multimillion dollar acquisitions of galvanizing businesses from Galvan Metal Inc., a strategic competitor with operations in Quebec, Canada, Galvcast Manufacturing Inc., a strategic competitor with operations in Ontario, Canada, and G3 Galvanizing Limited, a strategic competitor with operations in Nova Scotia, Canada

Financial Reporting and Corporate Governance
  • Represented a NASDAQ public retail company in connection with its stock option exchange program
  • Represented NYSE and NASDAQ public companies in connection with the drafting and adoption of various equity incentive plans and with the registration of securities to be issued thereunder
  • Represented NYSE and NASDAQ public companies in connection with the preparation of annual, quarterly and periodic SEC reports and proxy statements and information statements regarding annual and special meetings of shareholders
  • Represented AZZ incorporated (NYSE) in a private placement of $125 million of senior unsecured notes
  • Represented a public partnership in connection with its defense in a proxy fight

Capital Markets
  • Represented AZZ incorporated (NYSE) in a private placement of $125 million of senior unsecured notes
  • Represented AZZ incorporated (NYSE) in connection with a Private Shelf Agreement providing for possible private placements of up to $100 million of senior unsecured notes
  • Represented XTO Energy, Inc. in registered public offerings of equity and debt securities with proceeds exceeding $1 billion
Affiliations and honors

AFFILIATIONS

  • Texas Bar Foundation, Fellow
  • Texas A&M University School of Law, Adjunct Professor, Enterpreneurship and the Law class

HONORS

  • Top Attorney in Business Law, and Corporate Finance/Mergers and Acquisitions Law, 360 West magazine
  • Top Attorney, Fort Worth, Texas magazine
  • 40 Under 40 honoree, Fort Worth Business Press
  • Texas Super Lawyer Rising Star for Mergers and Acquisitions, Thomson Reuters
Education
  • Texas Tech University School of Law, J.D., summa cum laude, 2006
         Texas Tech Board of Barristers, Director
         Texas Tech Law Review, Articles Editor, 2004-2006
         Order of the Coif
  • Trinity University, B.A., magna cum laude, 2003
Admissions
  • State Bar of Texas, 2006
Speeches & Publications
  • "Modification of Employee Benefits Plans through Merger: An Analysis of Halliburton Company Benefits Committee v. Graves," at Kelly Hart & Hallman CLE, January 12, 2007
  • Evan M. Malloy, "Closing the Antitrust Door on Foreign Injuries: U.S. Jurisdiction Over Foreign Antitrust Injuries in the Wake of Empagran," 38 Tex. Tech. L. Rev. 395 (2006)
Evan Malloy named Fort Worth Business Press 2017 40 under 40 Honoree