Kevin Kidd is partner at Waller Lansden and practices in the areas of mergers and acquisitions, commercial finance transactions and financial institution regulation. He is a trusted advisor to public and private companies throughout the United States in the electronic payment and transaction processing, financial services and healthcare industries. Mr. Kidd’s practice focuses on mergers, acquisitions, divestitures and joint ventures as well as commercial finance transactions, including the structuring and establishing of senior credit facilities, ABLs, mezzanine debt financings and capital and operating lease facilities. He has represented both lenders and borrowers in syndicated and club financings. Mr. Kidd is also a frequent speaker on regulatory, business law and transactional topics at industry conferences, client meetings and Continuing Legal Education (CLE) conferences.
Over the past nine years, Mr. Kidd has represented clients in the electronic payment processing and financial technology industry in the structuring and negotiation of mergers and acquisitions, equity and debt investments, and the negotiation and documentation of operational contracts and general corporate representation. Mr. Kidd also counsels clients on regulatory developments affecting the payment processing industry, including state and federal regulations related to electronic funds transfers, consumer protection, financial institution regulation and other laws. In particular, he has represented the interests of the electronic payments industry before state and federal regulators, including the U.S. Government Accountability Office, the Office of Homeland Security, the U.S. Treasury Department, the Internal Revenue Service and the Federal Reserve Board.
Mr. Kidd’s transaction experience in the payment processing and financial technology industry includes acquisitions as well as equity and debt financing transactions with deal values ranging from $10 million to more than $1 billion. Mr. Kidd recently represented a national bank in the negotiation and documentation of a syndicated credit facility to an ISO and an electronic payment technology company. He also has provided counsel in the negotiation of operational contracts such as gateway agreements, sponsorship/acquiring agreements, big-ticket merchant agreements, ISO and sub-ISO agreements, Discover MAP/Acquirer Agreements, American Express ESSP/Acquirer and one point agreements. Additionally, Mr. Kidd represents ATM ISOs, and he is a member of the ATM Industry Association (ATMIA).
A frequent speaker and panelist at financial services industry conferences and meetings, in the past year Mr. Kidd addressed the “Emerging Payment Landscape" at the 2010 Southeastern Banking Seminar, spoke on the topic of “Pre-paid Compliance and Emerging Legal Issues” at the 2010 FTPS Merchant Forum and on "Emerging Trends in the Payment Industry" at the 2011 Payment Alliance International Conference. In February 2011 he will speak at the Alabama Banking Law Conference on "Legal Developments in Electronic Payments" and in May 2011 he will address “International Expansion—Opportunities and Challenges” at an educational session and moderate a mergers and acquisitions panel discussion for the 2011 ETA Investment Community Forum at the ETA Annual Meeting & Expo in San Diego.
Mr. Kidd’s extensive transaction experience in the healthcare industry includes the representation of a private equity firm in the purchase and recapitalization of a home health provider serving markets throughout Texas, Oklahoma and New Mexico; the representation of a hospice and palliative care provider in the acquisition of hospice providers in nine states; and the representation of a investor-owned hospital company in the financing of hospital acquisitions throughout the United States. Additionally, he has represented a publicly owned healthcare company in the negotiation and documentation of a $500 million syndicated credit facility; counseled a healthcare specialty lender in asset-based loans to a group of LTACHs; and advised a regional hospital, a hospice company and an institutional pharmacy (including governmental and commercial receivables); and various other clients in the negotiation of various other debt-related financings.
Education
J.D., magna cum laude, University of Kentucky
Order of the Coif
Member, Kentucky Law Journal
B.B.A., Finance; B.S.B.E., Economics, University of Kentucky
Professional Activities
Member, Electronic Transactions Association (ETA)
Vice Chairperson, ETA Government Relations Committee
Member, ETA Investment Community Forum Committee
Member, ATM Industry Association
Member, Electronic Financial Services Subcommittee of the American Bar Association Business Law Section
