James Sherwin

Bio/Experience

James Sherwin is the managing partner of Sherwin O’ Riordan.

James advises client companies on issues ranging from incorporation, shareholder structures, financing, leasing and contracting to mergers, acquisitions, and leveraged buyouts. He has been involved in multi-million euro mergers and acquisitions of manufacturing, service and financial organisations – participating in every aspect of the transaction from negotiation and structuring through to closing.

James applies his extensive experience on incorporation, dissolution, shareholder agreements and employment agreements when advising companies, its officers, directors and shareholders. He has written extensively on the issues that can arise in shareholders agreements and on the importance and potential pitfalls associated with employee shareholders agreements.

He deals with the many issues surrounding minority shareholder rights (on both sides) and has substantial expertise in regard to non-compete agreements, restrictive covenants and resolving shareholder disputes.

He advises international corporate investors and multi-national corporations on a wide variety of transactions involving business collaborations and exclusive supply and distribution arrangements in this jurisdiction. He has significant experience in forming joint ventures and regularly advises technology and start-up companies on IP protection and all rounds and stages of investment. He has also developed expertise in confidentiality agreements, share structures, ownership and transfer of proprietary information and developments and related legal fields.

He has a BA from Trinity College Dublin (1991) and qualified as a solicitor in Ireland in 1996.

Recent Transactions

• Advised a professional services firm on exiting a commercial lease and negotiating in relation to dilapidation, schedule of works and in the absence of a lease. Our client was able to exit the lease – with payment of a substantially reduced settlement amount – and transfer to new premises within 3 months.
• Advised the Director and shareholder in a manufacturing company on a dispute with the co-founder. Successfully removed the shareholder – replacing him as a director – within 4 months and allowed our client refocus effort on strategic growth.
• Advised VR Retail, a high-tech start up, on IP protection, corporate structure, employment agreements, shareholders agreement and share classes, and supplier agreements. VR Retail can focus on what they do best, knowing they have put in place the structures to protect what they have built and enable them grow successfully.
• Advised a leading medical device supplier on the buyout of a minority and difficult shareholder, allowing our client to proceed with its expansion plans unhindered.
• Advised one of Ireland’s leading nursing home operators on the buyout of its investors at the end of the tax scheme. This included new fundraising to effect the buyout of the borrowers/tax investors pursuant to a put and call option agreement.