Lavery, de Billy

Partner

Guillaume Lavoie is a partner and head of the groups Lavery CAPITAL (Lavery?s private equity and venture capital group) and mergers and acquisitions and he is also a member of the Board of Directors of the firm.

His practice focuses on private equity and venture capital. He has developed considerable expertise in setting up investment funds (private equity funds, venture capital funds, and hedge funds) and specializes in structuring complex international funds. He regularly acts as lead legal counsel to fund managers in their fundraising efforts and their investments in Canada, the United States, Europe, and elsewhere in the World and to investors (pension funds and family offices) in their due diligence efforts when investing in investment funds and in negotiating side letters with fund managers. He also advises fund managers on regulatory matters, including with respect to Canadian anti-money laundering legislation applicable to fund managers.

Mr. Lavoie also has extensive expertise in the purchase and sale of assets and the acquisition of public and private corporations as well as in corporate financing transactions, including public offerings and private placements. 

In 2015, Mr. Lavoie was recognized by Lexpert Magazine, a legal and business publication, as one of Lexpert?s Rising Stars: Leading Lawyers Under 40. He also won the 2015 YBM Lawyer of the year in the Corporate Law category, at the ?Leaders of tomorrow? YBM Gala and was among the finalists in the Quebec Young Professional category in the 2017 Arista contest of the Jeune Chambre de commerce de Montréal

Mr. Lavoie was nominated ?Corporate Lawyers to Watch? in the 2016 Lexpert Guide to the Leading US/Canada Cross-Border Corporate Lawyers in Canada.

Representative mandates

Venture capital and private equity 

• Creation of eight private equity funds in Canada, the United States and the Cayman Islands (including seven open-ended funds) managed by Axium Infrastructure 
• Capital raising on behalf of private equity funds managed by Axium Infrastructure with Canadian, U.S., European and Asian investors totalling more than CAD $2 billion
• Representation of Montrusco Bolton Investments and Third Eye Capital with respect to the creation of a private equity fund investing in private secured loans of primarily Canadian companies and also of U.S. companies and with respect to the raising of capital from institutional investors totaling 300 millions of dollars
• Representation of Montrusco Bolton Investments in the creation of a hedge fund based in the Cayman Islands with a master/feeder fund structure
• Creation and international fund raising of two venture capital funds located in Canada and the Island of Guernsey, managed by White Star Capital and specialized in social media, e-commerce, video games and mobile applications
• Representation of White Star Capital and certain private investors in the acquisition of equity interests in companies based in North America and in Europe and specialized in social media, digital media, video games, nutricosmetics, cosmetics and software
• Representation of the Alouette aluminum smelter with respect to its equity stake in the Fonds Cycle Capital III, a private equity fund specialized in the clean technologies sector
• Creation of Club Éolectric, a private equity investment fund in wind power projects
• Representation in Québec of OMERS Private Equity for the acquisition of all of the common shares of Logibec Groupe Informatique, with proceeds totalling approximately $235.5 million
• Representation of the Black Diamond Capital Management private investment fund in its acquisition of the assets of White Birch Paper Company (transaction valued at $236 million)
• Representation of Montrusco Bolton Investments in the creation of a closed-end mutual fund trust and in the renewal of approximately 10 open-end mutual fund trusts 

Mergers and acquisitions

• Represention of a group of investors led by the Molson Brothers with respect to the establishment of a partnership between the investors and the subsequent acquisition of the Montréal Canadiens, the Bell Centre, and related corporations (recognized by Lexpert magazine as one of the Top 10 Corporate Deals of 2009)
• Represention of Investissement Québec in the sale of half its interest in the Alouette aluminum smelter to Marubeni Corporation for approximately US$180 million
• Representation of CH Group (owner of the Montréal Canadiens) regarding its indirect acquisition of the share capital of Équipe Spectra and subsidiaries (which operate Spectra Musique, the Metropolis concert hall in Montréal, and founded the Montréal International Jazz Festival, the Francofolies de Montréal festival, and the Montréal en lumière festival)

Capital markets

• Representation of underwriters with respect to public offerings by the Cominar Real Estate Investment Trust for aggregate gross proceeds of more than C$3 billion (one of which was completed through the acquisition by Cominar of Canmarc Real Estate Investment Trust and was recognized by Lexpert magazine as one of the Top 10 Canadian Corporate Deals of 2012)
• Represention of Industrial Alliance, Insurance and Financial Services, in various public offerings for aggregate gross proceeds of more than C$900 million
• Representation of a syndicate of agents with respect to public offerings by Gaz Métro Limited Partnership of first mortgage bonds totalling more than C$250 million

Publications

• Impact of the Possible Extension of the European Passport Regime on Canadian Fund Managers?, International Journal for Financial Services, November 2016 edition (co-authored with André Vautour and associates of Jeantet)
• ?Options Available to Canadian Managers under the European AIF Marketing Rules?, International Journal for Financial Services, November 2016 edition (co-authored with André Vautour and associates of Jeantet)
• "Sword of Damocles or Scarecrow? To what extent can an investor in an investment fund get involved in the management of the fund without risking of losing its limited liability?" [translation] in Développements récents en droit des affaires (2016), Service de la formation continue du Barreau du Québec (Cowansville : Yvon Blais, 2016) 41
• "Private Equity and Venture Capital Funds New Market Trends: What is the impact of adopting these trends on the regulatory costs for those funds?" in 2015/2016 Lexpert CCCA Directory (co-authored with Josianne Beaudry)
• La convention entre actionnaires: le cahier de charges de l?actionnaire de société fermée, in Industrie & Commerce, March-April 2011
• "Should Private Venture Capital Fund Managers Import the Mutual Fund?s and Hedge-Fund?s Open-Ended Structure?" master's thesis written and published in fulfillment of the requirements of the Executive MBA-McGill-HEC Montréal, December 13, 2015

Education

• Member of the Barreau du Québec
  since 2007

Diplomas

• Executive MBA, McGill University and
  HEC Montréal, 2016
• B.C.L./LL.B., McGill University, 2006
  (with distinction) (Gerald S. Tritt, Q.C. award)

Continuing education

• Negotiation Workshop, HEC Montréal, January 2016
• Project Management Essentials Course,
  McGill University, October 2013
• Fundamentals of U.S. Securities Law,
  Osgoode Professional Development,
  York University, June 2011
• M&A Skills Boot Camp, Osgoode
  Professional Development,
  York University, April 2010
• Intensive Course in Securities Law,
  The Canadian Institute, November 2008
• Courses in antitrust law and regulatory
  matters (exchange program),
  University of Houston (Texas), 2004