Lecturer, University of Denver, Sturm College of Law (administrative law and public international law)
Attorney, Steptoe & Johnson LLP
Officer, Naval Counter Special Operations Forces Company of the Swedish Royal Navy
Track record of successful multimillion-dollar offerings. Practice focuses on securities, corporate governance matters, general corporate transactions and EB-5 issues. Comprehensive expertise in navigating complex securities law matters.
With law degrees earned in two countries and a track record of successful multi-million offerings, Rikard Lundberg advises high-profile companies on all aspects of securities law and stock exchange compliance, as well as serving as outside corporate counsel.
Rikard represents private and public companies from various industries such as recreation, hospitality, media, alternative energy, gaming and consumer products in a broad range of transactions and matters, including public and private equity and debt securities offerings, EB-5 transactions, mergers and acquisitions, corporate contracting, and corporate governance, commercial and corporate matters. His work also includes complex matters in the organization and capital formation of start-up businesses.
Before settling in Denver, he practiced in Washington, D.C., where he advised clients on international trade matters before U.S. administrative agencies, U.S. courts and international dispute settlement tribunals.
He is fluent in written and spoken Swedish.
Counsel to an affiliate of bet365 Group Limited, the world’s largest online sports bookmaker, in its acquisition of $50M of Empire Resorts common stock, making it Empire’s second largest stockholder. This strategic partnership provides bet365 with access to the New York State sports wagering market and allows it to offer retail betting, an online sportsbook and online gaming at Resorts World Catskills when permitted by applicable law.
Counsel to RGS Energy in a $1.8M offering of shares of Class A common stock and pre-funded warrants under an effective registration statement on Form S-3. The company also sold additional warrants in a concurrent private placement.
Counsel to Real Goods Solar in a $2.8M public offering of units, each unit consisting of one share of Series A 12.5% Mandatorily Convertible Preferred Stock, and one Series H Warrant to purchase approximately 181.8181 shares of Class A common stock.
Counsel to Gaiam in the $145.7M sale of its branded fitness equipment and apparel business to Sequential Brands and Fit for Life.
Counsel to RGS Energy in its private offering of equity securities for gross proceeds of approximately $7M.
Represented RGS Energy, a nationwide leader of turnkey solar energy solutions for residential, commercial, and utility customers, in its acquisition of Elemental Energy, LLC, a full-service solar energy firm operating under the Sunetric brand, based in Oahu, Hawaii.
Counsel to Real Goods Solar in an underwritten secondary public offering of units consisting of common stock and warrants for gross proceeds of over $20M. The warrants and the common stock issued as part of the units were issued under an effective registration statement on Form S-3.
Counsel to Riviera Holdings Corporation, a Las Vegas casino operator and a portfolio asset of Starwood Capital Group, in the sale of the stock of Riviera Black Hawk, Inc. (the owner of Riviera's Black Hawk, Colorado casino) to an affiliate of Monarch Casino & Resort, Inc., in a transaction valued at $76 million.
Counsel to Pinnacle Entertainment, a casino operator, in conducting a value-for-value option exchange program where eligible employees could exchange certain 'underwater' options to purchase common stock for new options covering a lesser number of shares of common stock. The exchange offer achieved 100% participation.
Represented Spyglass Capital Partners, LLC in its convertible debt and equity investment in Shadow Beverages and Snacks, an Arizona limited liability company, which manufactures private label beverages.
Counsel to Pinnacle Entertainment, a casino operator, in registering a unique ongoing public offering of shares of common stock to customers under a customer loyalty program. The SEC declared the offering's registration statement on Form S-3 effective in July 2011. We believe that this offering is only the second such registered offering to become effective.
Counsel to a NASDAQ-traded public company in a $40 million management-led going private merger transaction.
Served as counsel to Renal Ventures Management, LLC on its $30 million private placement of debt and warrants with Goldman Sachs, and related redemption of stockholder equity. Renal Ventures Management is engaged in the business of providing intermittent or continuous renal replacement therapy, dialysis supply services, renal diagnostic testing and other health care services.
Served as counsel to Renal Ventures Management, LLC. JP Morgan Chase & Co. and Vectra Bank have formed a syndicate to provide an expanded senior credit facility providing up to $50 million of additional capital for growth and operations.
Counsel to Graham Packaging Company, L.P. in a $568 million strategic acquisition of another manufacturer and supplier. In the transaction, Graham Packaging Company acquired all of the limited partnership units of the target company from the company's limited partners and all of the stock of each of the company's three corporate general partners from their stockholders. A manufacturer and supplier of technology-based, customized blow molded plastic containers for the branded food and beverage, household, personal care/specialty and automotive lubricants product categories, Graham Packaging Company is a portfolio company of Blackstone Capital Group.
Assisted Global Employment Holdings, Inc., a temporary staffing and professional employment organization, in 'going dark' and recapitalizing. In the process, Brownstein assisted this Denver-based public company in issuing shares of common stock, promissory notes and preferred stock, and amended a senior credit facility. The recapitalization included converting a senior term loan into subordinated debt, issuing new debt, converting a portion of existing subordinated debt into equity, amending and restating the terms of existing subordinated debt and converting existing preferred stock into common stock.
Represented a public company issuer in connection with its (i) merger with an operating company located in the People's Republic of China, (ii) simultaneous $8.5 million private placement of Series A Preferred Stock and Warrants, and (iii) subsequent public offering of securities issued in the private placement via a registration filed with the SEC. Brownstein assisted this client in establishing a market capitalization of approximately $250 million.
Represented Kohlberg & Company in its $160 million sale of Invisible Fence.
Represented Global Employment Holdings, Inc. in a $120 million recapitalization and public shell merger.
Member, Colorado Securities Board
Board of Directors, Youth on Record
Board of Directors, Swedish-American Chamber of Commerce of Colorado, 2007-2010, 2011-2014
Board of Directors, Swedish School of Colorado, 2007-2009
SEC Amends Rules to Harmonize, Simplify and Improve Exempt Offering FrameworkBrownstein Client Alert, November 9, 2020
SEC Proposes Conditional Finders Exemption From Broker RegistrationBrownstein Client Alert, October 15, 2020
SEC Amends Accredited Investor DefinitionBrownstein Client Alert, August 28, 2020
BE-180 Survey Deadline for FY 2019 Looming for U.S. Financial Services ProvidersBrownstein Client Alert, August 4, 2020
Have You Thought About ... Contractual Provisions Impacted by COVID-19?Brownstein Client Alert, July 15, 2020
Five Issues for Businesses to Consider Amid COVID-19 ResurgenceBrownstein Client Alert, July 9, 2020
Have You Thought About … Does Fiduciary Duty Require a COVID-19 Resurgence Plan?
Brownstein Client Alert, June 23, 2020
More Coronavirus Updates from the SEC
Brownstein Client Alert, March 31, 2020
SEC Provides Guidance on Proxy Rules Related to Annual Meetings in Light of Coronavirus
Brownstein Client Alert, March 16, 2020
SEC Addresses Impact of Coronavirus Threat on Disclosure ObligationsBrownstein Client Alert, March 6, 2020
EB-5 Securities Laws and Enforcement: Analyzing the TrendsPanelist, 2019 IIUSA EB-5 Advocacy Conference, Washington, D.C., May 5-7, 2019
SEC Cautions That Cyber-Related Fraud Could Evidence Failed Internal Accounting Controls
Brownstein Client Alert, October 29, 2018
Identifying Investment Contracts, From Chinchillas To CryptoCo-author, Law360, October 5, 2018
Crypto Exchanges Could Be Next Regulatory TargetCo-author, Law360, October 2, 2018
Three Notable Developments for Cryptocurrency Firms Portend Future Regulatory Enforcement ActionsBrownstein Client Alert, September 13, 2018
Interests in Pooled Investment Entities, Such as Sports Betting Funds, Likely Constitute SecuritiesBrownstein Client Alert, September 12, 2018
Shedding new light on SEC Enforcement: EB-5 Investments as Securities, Unregistered Broker-Dealers and Related DisclosuresCo-author, EB5 Investor Magazine, January 9, 2018
New SEC Guidance on Safeguards to Protect Information Delivered to Holders of Securities Issued under Compensation PlansBrownstein Client Alert, November 13, 2017
When Are LLC Interests SecuritiesAuthor, Law360, August 22, 2017
Are your LLC interests securities?Author, ColoradoBiz, August 15, 2017
SEC Settles Charges for Violation of Whistleblower Program’s Prohibition of Impediments to Communications Regarding Possible Securities Law ViolationsBrownstein Client Alert, August 12, 2016
SEC Adopts New Rules Regulating Crowdfunding for SecuritiesBrownstein Client Alert, November 9, 2015
SEC Announces First Enforcement Action Involving Restrictive Language in Confidentiality Agreement under Dodd-Frank Whistleblower ProgramBrownstein Client Alert, April 3, 2015; Reprinted by the American Bar Association's Business Law Today, May 2015
Court Rejects “Merger Tax” Litigation Settlements That Benefit Primarily Plaintiffs’ Attorneys and Plaintiffs Who Do Not Represent Shareholder InterestsBrownstein Client Alert, Feb. 10, 2015
Reminder to NYSE and NASDAQ Companies to Comply with Dodd-Frank Act Compensation Committee Requirements and Certify ComplianceBrownstein Client Alert, October 13, 2014
The SEC Adopted Amendments to Important Rules Used to Offer Securities in Private Placement
Brownstein Client Alert, July 12, 2013
Is Your Company Prepared? SEC Provides Guidance on Use of Social Media to Disseminate Material Non-Public InformationAuthor, Brownstein Client Alert, April 5, 2013
Managing Risks Associated With The Securities And Exchange Commission's Whistleblower Bounty ProgramContributing Author, Protecting Corporations Against Management Liability Claims, Aspatore, Thompson Reuters, 2013
The JOBS Act and Its Impact on Capital-Raising LIVE WebcastSpeaker, The Knowledge Group/The Knowledge Congress Live Webcast Series, December 14, 2012
The SEC Proposes Rules Allowing General Solicitation in Rule 506 and Rule 144A OfferingsBrownstein Client Alert, August 30, 2012
Reminder: Colorado Secretary of State No Longer Mails Notifications for Business Organizations, Trade Names and TrademarksBrownstein Client Update, January 23, 2012
SEC Amends Net Worth Standard for Accredited InvestorsBrownstein Client Alert, December 22, 2011
Keep Broker Registration in Mind when Accessing Equity MarketsFirst published, Mid-Market Securities Report, April 2011
SEC Proposes Amendments to Net Worth Standards for Accredited InvestorsFirst published, Mid-Market Securities Report, April 2011
The SEC's Climate Change Disclosure Guidance
Colorado Bar Association, Securities Law Subsection of the Business Law Section, September 16, 2010
Client Alert: The Dodd-Frank Wall Street Reform and Consumer Protection ActBrownstein Client Alert, July 27, 2010
Client Alert: Supreme Court Declares Provisions of Sarbanes-Oxley Act Unconstitutional - Ruling Does Not Change Companies' Obligations Under the ActBrownstein Client Alert, June 28, 2010
Securities Offerings BasicsColorado Bar Association, New Business Lawyers Subsection of the Business Law Section, March 15, 2010
Client Alert: SEC Clarifies Public Companies' Obligation to Disclose Impact of Climate Change, Including Pending Green House Gas Emission Reduction Legislation and RegulationBrownstein Client Alert, February 2, 2010
Client Alert: The SEC Extends the Deadline for Non-Accelerated Filers to Provide an Auditor Attestation Report on Internal Control over Financial ReportingBrownstein Client Alert, October 28, 2009
Client Alert: Reminder to Comply with the SEC's New E-Proxy Rules During the 2009 Proxy SeasonBrownstein Client Alert, April 8, 2009
Client Alert: Delaware Chancery Court Holds Provision in Oral LLC Agreement Unenforceable Under Statute of FraudsBrownstein Client Alert, December 19, 2008
Client Alert: Delaware Chancery Court Analyzes "Material Adverse Effect" in Merger AgreementBrownstein Client Alert, November 19, 2008
Six-month Deadline Set for Customs and Border Protection to Implement Final Antidumping or Countervailing Duty DecisionsA.B.A. Int’l Law News, co-author with Gregory S. McCue, Volume 35 No. 1 Winter 2006
Deemed Liquidation: A case for Statutory Amendments of U.S. Customs Law Governing the Collection of Antidumping and Countervailing Duties83 Denv. U.L. Rev. 471, 2005
Discovery of Internal Governmental Agency Guidelines for the Purpose of Evading the Discretionary Function Exception to the Federal Tort Claims Act70 Geo. Wash. L. Rev. 429, 2002
EB5 Investors Magazine, Top 15 Corporate Attorneys, 2018
Colorado Super Lawyers, 2014-2015
Colorado Super Lawyers, Rising Stars, 2012
The George Washington Law Review
Past Member, Editorial Advisory Board of the Market Rulebook's Mid-Market Securities Report
American Bar Association