Rakesh Gopalan

Partner

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Practices
Industries
Education
  • Washington and Lee University School of Law, JD, cum laude, 2006
  • University of Virginia, BA, 2002
Admissions
  • North Carolina
Affiliations

Chair, McGuireWoods Asian Pacific Lawyer Network

Board of Directors, Charlotte Asian Pacific American Bar Association

Alumni Council, Leadership Council on Legal Diversity

2015 Fellow, Leadership Council on Legal Diversity

Board of Directors, Community Building Initiative, 2014-2015

Law Council, Washington and Lee University School of Law Alumni Association, 2012-2016

Co-chair, Charlotte Legal Diversity Clerkship Program, 2010-2012

Member, Diversity & Inclusion Committee, Mecklenburg County Bar, 2010-2013

Rakesh practices in the area of corporate transactions, focusing on complex technology deals as well as public company securities issuances and reporting requirements. He assists clients with achieving their business objectives, finding practical solutions to complex issues and situations, and making informed business decisions.

He represents companies of all sizes, both vendor- and customer-side, with respect to technology and other commercial transactions, including related to large-scale information technology and business process outsourcing and insourcing, enterprise resource system deployment and restructuring, software and other licensing arrangements (including open-source components, shrink-wrap and click-wrap agreements), telecommunications, Internet service provision, Wi-Fi, software-as-a-service (SaaS), and other vendor and supply chain procurement matters.

Rakesh also advises public companies regarding securities laws, including periodic and annual reporting requirements, proxy statements, insider trading and other corporate governance matters, as well as offerings of debt and equity securities, derivative and hybrid securities, exchange offers and repurchases.

Rakesh has experience structuring, negotiating and closing private placements, strategic investments, and other corporate transactions including for the acquisition or disposition of businesses, assets and intellectual property. In addition, he advises companies with respect to general corporate contracting and related matters.

Rakesh has been actively involved with diversity & inclusion efforts within the firm and the legal community, including serving as chair of the firm’s Asian Pacific Lawyers Network, founding member of the Charlotte Asian Pacific American Bar Association, fellow and alumni board member of the Leadership Council on Legal Diversity, co-chair of a Charlotte diversity clerkship program, and a member of the local bar’s D&I committee.

While earning his law degree, Rakesh was a member of the Virginia Capital Case Clearinghouse Legal Clinic. He was also a member of the Moot Court Executive Board and Justice of the Phi Alpha Delta law fraternity, as well as a member of the American Inns of Court. As an undergraduate at the University of Virginia, Rakesh was an associate news editor and a section editor of The Cavalier Daily and an intern for Professor Larry J. Sabato at the University of Virginia Center for Politics. Before law school, Rakesh served as the associate director of communications at the Center for Politics.

In the News

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T: +1 704 343 2275F: +1 704 805 5026201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

Representation of one of the world’s largest beverage manufacturers in connection with a multi-million dollar network integration and business process outsourcing transaction.

Representation of one of the world’s largest beverage manufacturers in connection with a multi-million dollar information technology and business process outsourcing transaction.

Representation of life insurance company in a business process outsourcing transaction related to new product development and administration services, leading negotiations with multiple vendors for an eventual master agreement a single down-selected vendor.

Representation of companies of all sizes relating to technology, licensing, and consulting services agreements, including advice on corporate structuring and private placements.

Representation of public companies regarding regulatory obligations including compliance with Sarbanes-Oxley Act, Dodd-Frank Wall Street Reform and Consumer Protection Act and related matters.

Representation of a Fortune 50 financial services issuer in connection with multiple shelf registrations and sales of debt and equity securities. 

Representation of Fortune 500 food retail company in general corporate and ongoing securities matters, followed by $2.4 billion sale to a Fortune 50 company.

Representation of the underwriting syndicate in connection with a $500 million At-the-Market common stock offering of shares of common stock of American Realty Capital Properties, Inc.

Representation of J.P. Morgan Securities LLC and Citigroup Global Markets, Inc., as representatives of a syndicate of underwriters, in connection with the registered public offering of $310 million of convertible senior notes of American Realty Capital Properties, Inc.

Representation of Barclays Capital Inc. and Citigroup Global Markets, Inc., as representatives of a syndicate of underwriters, in connection with the registered public offering of $690 million of two series of convertible senior notes of American Realty Capital Properties, Inc. 

Representation of JMP Securities LLC and Ladenburg Thalmann & Co. Inc., as representatives of the underwriting syndicate, in connection with an underwritten firm commitment initial public offering of shares of Class A common stock of RCS Capital Corporation, a NYSE-listed company that provides wholesale broker-dealer, investment banking and capital markets, transaction management and transfer agency services.

Representation of the underwriters and joint book-running managers Rodman & Renshaw, a unit of H.C. Wainwright & Co., LLC and Joseph Gunnar & Co., LLC in the U.S. initial public offering of American Depositary Shares and warrants of Oasmia Pharmaceutical AB (NASDAQ: OASM)

Representation of cable, high-speed online and digital phone services company in the negotiation and drafting of complex commercial contracts, including for commercial services, subscriber services and sponsorship arrangements.

Representation of a leading multinational manufacturer of concrete and clay building products in connection with an information technology outsourcing transaction.

Representation of a global media services and publishing company in connection with a $55 million transformative business process and information technology outsourcing transaction.

Representation of an international telecommunications provider in drafting and negotiating an agreement for a $500 million IT outsourcing.

Representation of an international publishing company in negotiating and finalizing a process outsourcing transaction.

Representation of a large engineered products manufacturer in connection with a multi-million dollar information technology outsourcing transaction.

Representation of a large manufacturer in connection with technology and licensing matters.

Representation of a group of medical device companies in connection with licensing, corporate structuring and commercial contracting.

Representation of public companies in connection with determining compliance obligations for SEC’s conflict minerals rule.

Representation of a private equity fund in its purchase of an environmental services company and subsequent add-on business acquisitions.

Selected for inclusion as a Leading Lawyer, Technology: Transactions, Legal 500 US, 2016

Named to "North Carolina Rising Stars," Business/Corporate, 2014, 2015; Technology: Transactions, 2016, 2017, Super Lawyers, Thomson Reuters

Speaker, "Conflicts Minerals Rule," SEC Compliance and Disclosure Update,, McGuireWoods LLP SEC Practice Complimentary Webinar Series, March 7, 2017
Speaker, "Securities Law Considerations Under the New Administration," SEC Compliance and Disclosure Update,, McGuireWoods LLP SEC Practice Complimentary Webinar Series, January 31, 2017
Moderator, "Winning the Outsourcing Battle: Creating and Preserving Value," Becker's Hospital Review 2nd Annual CIO/HIT + Revenue Cycle Conference,, Chicago, IL, July 27, 2016
Speaker, Managing Relationships: Best Practices for Working with Service Providers,, McGuireWoods LLP and The Regulatory Fundamentals Group, June 14, 2016
Speaker, "Engaging and Disengaging Outsourcing/Technology Vendors," Managing Relationships: Best Practices for Working with Service Providers, McGuireWoods LLP, June 14, 2016
Speaker, "Conflict Minerals Update," SEC Compliance and Disclosure Update,, McGuireWoods LLP SEC Practice Complimentary Webinar Series, January 26, 2016
Panelist, "Contracting for Value," Atlanta Chapter of the International Association of Outsourcing Professionals, February 27, 2015
Speaker, "Conflict Minerals Compliance Lessons," SEC Compliance and Disclosure Update,, McGuireWoods LLP SEC Practice Complimentary Webinar Series, November 18, 2014
Speaker, "Conflict Minerals Rule Update," SEC Compliance and Disclosure Update,, McGuireWoods LLP SEC Practice Complimentary Webinar Series, May 20, 2014
Speaker, "Conflict Minerals Disclosures," SEC Compliance, Disclosure and Enforcement Update,, McGuireWoods LLP SEC Practice Complimentary Webinar Series, October 22, 2013
Speaker, "SEC Guidance on Social Media and Regulation FD," SEC Compliance and Disclosure Update,, McGuireWoods LLP SEC Practice Complimentary Webinar Series, April 23, 2013
Speaker, "Regulation FD Implications of the Use of Social Media," SEC Compliance and Disclosure Update,, McGuireWoods LLP SEC Practice Complimentary Webinar Series, March 28, 2013
Speaker, "Conflict Minerals," SEC Compliance and Enforcement Update,, McGuireWoods LLP SEC Practice Complimentary Webinar Series, September 25, 2012
Co-presenter, "Practical Tips for Engaging and Disengaging from Technology and Business Process Outsourcing," Presentation to the Charlotte Chapter of the Association of Corporate Counsel, August 23, 2012
Speaker, "SEC vs. Fifth Third Bancorp Cease and Desist Order (Reg FD Violation)," SEC Compliance, Disclosure & Litigation Update,, January 24, 2012
Speaker, "XBRL Phase-In Update," SEC Reporting, Enforcement & Litigation Update,, December 8, 2010
Speaker, "SEC’s Final Rule Regarding XBRL Interactive Data in Financial Reporting," February 11, 2009
Speaker, "SEC’s Proposed Implementation of XBRL Interactive Data in Financial Reporting," September 10, 2008