Pomy Ketema

Pomy Ketema

Counsel
Baker & McKenzie LLP

Biography

Pomy advises clients on investment planning, regulatory compliance and tax optimization relating to cross-border investments, trade and M&A transactions, with an emphasis on deal structuring, due diligence, contract drafting and negotiations. Prior to joining Baker McKenzie, Pomy worked at a major international law firm and as in-house counsel at a global conglomerate.

Practice Focus

Pomy supports the Firm's global transactions and trade platform, with a special focus on Africa-centered transactions and trade. The AfCFTA, regional trade pacts and the increasing number of international tax, trade and investment treaties are transforming the economic fortunes of Africa while also adding to the complexity of the regulatory environment. Pomy assists investors and businesses with navigating the regulatory and tax intricacies in this setting.

Representative Legal Matters

Representative experiences in the M&A space include (some are from prior employment):

  • A complex joint venture developing revolutionary technology that was eventually commercialized, including various rounds of preferred stock and debt financing, where venture value was enhanced through economic development incentives negotiated with a local government and innovation-related tax credits.

  • A reverse triangular merger involving a publicly-traded master limited partnership that owned a petrochemical plant valued at USD 2.5 billion.

  • Taxable and tax-free acquisitions of multiple companies by an insurance conglomerate, with some of the deals involving creeping acquisitions and complex S corporation issues.

  • Various cross-border deals involving acquisitions of gold and uranium mining companies, with one of the deals at USD 7 billion being the largest deal of its kind to date at the time.

  • Stock acquisition of a medical equipment start-up by one of the largest pharmaceutical companies in the world in a deal involving a combination of cash and earn-outs valued at USD 150 million.

  • A series of deals involving stock and asset acquisitions of seed technology companies by a global agri-business conglomerate.

  • Acquisitions and divestitures of biofuels and natural gas assets by large energy industry players in various combinations of stock and asset deals.

  • A multi-country sale of intellectual property that involved complex hive-off issues.

Professional Associations and Memberships

  • New York State Bar Association, International Section (International trade, Tax and Africa Committees)
  • Minnesota State Bar Association, Tax Institute Planning Committee (2005-2009)

Admissions

  • New York~United States (2019)
  • U.S. Tax Court~United States (2005)
  • Minnesota~United States (2001)

Education

  • University of Minnesota (MBT) (2001)
  • University of Minnesota Law School (JD, cum laude) (1999)
  • University of St. Thomas (BA, cum laude) (1994)

Languages

  • English
  • Amharic
  • Adjunct Faculty, University of Minnesota Law School, Practice and Professionalism (Track 2), Spring Semester 2010

  • Adjunct Faculty, William Mitchell College of Law, The Legal Practicum: Business Practice course, Business Planning Seminar I – Organization & Tax, Winter and Fall Semesters 2008, 2009

Presentations

  • VIP Invitee, East Africa Com Leaders In Africa Summit - AfCFTA Roundtable, "How African businesses can leverage the African Continental Free Trade Area and what are the challenges?" with the African Union Commission, business leaders and other stakeholders, May 2021

  • Speaker, African Webinar Series on Economy: Implementing African Projects with co-panelists from the Center for Global Development and the University of Oxford, April 2021

  • Presenter, Association of International Petroleum Negotiators Africa Chapter Webinar, "Eastern & Southern African Oil & Gas Markets: Financing the Recovery," September 2020

  • Co-presenter, The 69th Minnesota State Bar Association Tax Institute, Successor Liability for Taxes in Acquisitions Involving Financially Distressed Companies, December 2009