Herbert Z. Pinchuk
Herbert Z. Pinchuk is head of the Business Law Group at RSS.
His main areas of expertise include:
- Mergers and acquisitions — Asset- or share-based transactions involving mid-cap companies, often with cross-border aspects;
- Real estate deals — Advising landlords and tenants, or sellers and buyers, in transactions involving industrial, retail and office facilities, on issues including financing, environmental concerns, zoning and land-use regulations;
- Franchising — Advising businesses on the development and implementation of franchising plans; overseeing the protection of their intellectual property;
- Banking law — Representing both lenders and borrowers in financings with syndicates of national and foreign banks and private equity funds;
- Business transactions in general.
He frequently advises senior management of many public and private corporations, on both business and legal matters.
Herb is above all a dealmaker. His main strength is finding creative and practical solutions to complex legal and business issues. He excels in planning strategy, in negotiating, and in finding common grounds of understanding where necessary to resolve seemingly irreconcilable positions among the parties.
Sears Canada — Representation of Sears in the sale and leaseback of its Quebec distribution centre.
Advising a long-standing manufacturing client joining forces with a strategic purchaser in the distribution and sale of ski accessories.
Advising a European manufacturer and distributor of eyewear regarding a significant claim against its Canadian distributor.
Continuing representation of a large multi-use real estate developer in connection with a dispute with the City of New Haven, Connecticut.
Continuing representation of national food chains and jewellers in their leasing activities in Quebec.
Sale of Dicom Transportation Group — Sale of Dicom, a major business-to-business transportation company, to a Chicago-based private equity fund. Represented the sellers. Dicom, which has approximately 1,000 employees and generates annual revenues of about $175 million, carries on business in Quebec and Ontario under the Dicom, Dicom Express and GoJiT banners. It operates 25 distribution centers and a fleet of more than 700 trucks, trailers and other vehicles.
Burger King — Represents Burger King Canada Holdings Inc. on a regular basis in real estate- and franchise-related matters throughout Quebec.
Represents one of Canada’s leading “alcomalt” beverage producers and distributors. Herb has negotiated and closed a multimillion-dollar long-term licence agreement with one of the world’s leading holders of alcohol-related trade-marks.
Represents a number of Quebec’s leading developers of commercial and industrial facilities.
Acted in the restructuring of two major Canadian manufacturers and distributors of consumer goods; the restructuring involved an important financing, the review and negotiation of a number of franchising agreements and a complex asset swap with significant tax impact.
Represented a major pension fund throughout the RFP and negotiation leading to the sale of a large real estate complex worth over $150M.
Led the team that achieved the planning, negotiation and drafting needed by a Montréal promoter for the planning, financing, structuring and implementation of turn-key projects involving major Canadian tenants such as Tim Horton, Petro-Canada and Couche-Tard.
Advised an American manufacturer and distributor of brand-name jewellery in the implementation of its operations in Canada and the leasing of several high-volume retail outlets.
American Bar Association
International Council of Shopping Centers
Herb is a Governor of the Montreal General Hospital Foundation and a regular supporter of numerous charitable causes.
Bachelor in Civil Law, McGill University
Bachelor of Arts, McGill University