Roderick W. Simmons - Attorney

Roderick W. Simmons - Attorney

 

Rod is a Member of the Firm's Business Section and Co-Managing Partner of the Firm's Renewable Energy Practice Group. Rod's experience with renewable energy clients covers a broad spectrum ranging from start-up ventures, to established middle-market businesses, to companies with a multi-national presence. Rod's practice focuses on mergers and acquisition (M&A) transactions and related areas of law, including private equity and debt financing, intellectual property, employment law, contract law and general business law. Rod routinely represents renewable energy businesses in negotiating and drafting purchase and supply agreements, shipping agreements and other complex contracts, as well as with recapitalizations, mergers and acquisitions and joint ventures. Rod, together with other members of the Firm's Renewable Energy Practice Group, has advised clients involved in a broad spectrum of renewable and alternative energy-related projects, and closed in excess of $300 million in renewable energy transactions in 2010.

On M&A transactions, Rod regularly counsels clients on structuring and completing acquisitions, and has developed expertise in the overseeing of due diligence investigations of acquisition targets and the preparation and negotiation of all documents relating to the acquisition or sale of a business, including letters of intent, stock and asset purchase agreements, joint venture agreements, non-competition agreements, stockholder agreements, and employment agreements.

Additionally, as a member of the Employment Law Practice Group, Rod counsels regional and multi-state employers of all sizes on compliance with various federal and state employment laws and regulations, including EEO, ADA, wage and hour, FMLA and COBRA. He assists clients in responding to EEOC, DOL, VEC and other agency complaints and investigations, supports clients in investigating and defending sexual harassment claims or other complaints of discrimination or workplace misconduct, prepares and reviews employment handbooks and policies, employment agreements, non-competition agreements and other employment documents, and coordinates employment-related litigation with other Firm members.

Relevant Experience:

The following matters are illustrative of Rod's experience:

  • Representing a biomass renewable energy company engaged in the business of manufacturing wood pellets in a recapitalization and controlling investment by a global private equity fund, as well as in subsequent follow-on acquisitions of equity interests and assets of existing U.S. based wood pellet manufacturing facilities.
  • Served as primary outside counsel to a roll-up company in the insulation products industry, with over 2,000 employees and 100 facilities across 26 states nationwide. Rod assisted the company in closing a $440 million recapitalization with a private equity fund investor and in securing a new $280 million senior and mezzanine credit facility, and completed over 40 strategic acquisitions for the company.
  • Participated in the structuring, contract negotiations and financing for numerous merger and acquisition transactions ranging in size from $500,000 to $500,000,000. 
  • Represented an S-corporation ESOP company in its $435,000,000 sale to a public company buyer.
  • Counseled employers of all sizes on a variety of employment matters, such as drafting employment and non-competition agreements for key sales and other employees, drafting and revising employment handbooks and policies, assisting management in the investigation and defense of sexual harassment claims or other complaints of workplace misconduct, providing employment termination counseling and drafting employment separation agreements.
  • Assisted numerous clients in accomplishing their estate planning and wealth transfer objectives through a variety of planning techniques including life insurance trusts, family limited partnerships and gifting strategies.

Education:

  • Marshall-Wythe School of Law, College of William & Mary, J.D. (Board Editor of the William & Mary Law Review)
  • University of Virginia, B.A., with High Distinction (Phi Beta Kappa)

Pro Bono/Community Service:

  • Better Business Bureau of Central Virginia (Vice Chair, Board of Directors)
  • Wounded EOD Warrior Foundation (Board of Directors)

Recognition:

  • Virginia Business Magazine's Legal Elite, 2006-2011

Memberships:

  • American Bar Association
  • Virginia Bar Association

Bar Admission:

  • Virginia, 1995