Nov 1 (Reuters) - The growing private credit market is
keeping U.S. finance lawyers busy, and a recent string of
alliances between banks and non-bank lenders and an expansion
into asset-based financings could drive more work their way.
Law firms with leading finance practices have stocked up on
attorneys to compete for work in private credit, which has
ballooned to a $2 trillion market. Private credit refers to
loans provided by non-bank lenders, whose role has expanded in
recent years as they capitalized on fewer regulatory hurdles
than traditional lenders.
Mayer Brown and Kirkland & Ellis hired several partners that
handle private credit transactions in recent weeks. Sheel Patel
joined Mayer Brown on Thursday to lead its New York private
credit practice from King & Spalding. Kirkland last week hired
Freshfields Bruckhaus Deringer partner H.T. Flanagan, whose
clients have included Hayfin Capital Management and CPPIB Credit
Investments.
"Without being hyperbolic, I do think that the opportunity
set is tremendous," said Jennifer Daly, head of private credit
and special situations at Paul Hastings. Daly, whose clients
have included Antares, Apollo, Blackstone Credit
Blue Torch Capital and KKR, was one of 11 restructuring
and private credit attorneys who joined Paul Hastings from King
& Spalding in June.
Traditional lenders have been seeking a slice of the
lucrative market, including by teaming up with investment firms.
Lawyers also pointed to private credit's increasing
diversification into areas such as asset-based finance. On
Monday music company Concord, represented by DLA Piper, said it
closed on $850 million in financing backed by a catalog of music
assets in a deal with affiliates of Apollo, represented by
Milbank.
Citigroup ( C/PN ) and Apollo in September partnered for a $25
billion private credit and direct lending program. Cravath,
Swaine & Moore advised Citi, while Apollo's legal counsel was
Paul, Weiss, Rifkind, Wharton & Garrison, and Sullivan &
Cromwell served as its regulatory counsel.
Raymond James in May partnered with billionaire Todd
Boehly's investment firm Eldridge Industries to expand into
private credit. Wells Fargo ( WFC ) last year teamed up with
private equity firm Centerbridge Partners to launch a direct
lending fund.
Such alliances leverage bank relationships to originate
transactions for their private credit partners, hopefully
creating a "bigger deal source funnel," said Peter Williams, who
joined Cahill Gordon & Reindel as co-head of private credit in
July.
That can "lead to more deals, more deals leads to more legal
work and opportunities for a law firm that has a good private
credit bench," said Williams, who formerly was a managing
director on KKR's credit strategies team.
Gibson, Dunn & Crutcher, Akin Gump Strauss Hauer & Feld,
Proskauer Rose, Simpson Thacher & Bartlett, Dechert and
O'Melveny & Myers are among other firms that have hired private
credit lawyers this year. Kramer Levin Naftalis & Frankel and
Seward & Kissel each recently formalized private credit
practices.
Jon Truster, a law firm recruiter at Macrae, said there have
been twice as many private credit partner moves among top firms
in 2024 than in the prior two years in major markets. It's an
"area of huge interest from law firms," he said.
A Macrae report on partner hiring trends for major law firms
showed that finance practice moves surged in the first three
quarters of 2024, with 101 compared to 72 the prior year in New
York, London, Washington, D.C., and the Bay Area. This
incorporates all transactional finance areas, including private
credit.